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CLINE WILL (04/23/69)

decided: April 23, 1969.

CLINE WILL


Appeal from decree of Orphans' Court of Westmoreland County, No. 1359 of 1966, in re estate of Lloyd A. Cline, deceased.

COUNSEL

A. C. Scales, with him Scales and Shaw, for appellant.

Ned J. Nakles, with him Emmett C. Boyle, Jr., and Boyle, Nakles and Reeves, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Jones.

Author: Jones

[ 433 Pa. Page 544]

This is an appeal from a decree of the Orphans' Court of Westmoreland County upholding the validity of a will which was challenged on the ground that it was forged.

Lloyd A. Cline (decedent), a Westmoreland County resident, died on January 15, 1966 at the age of 72 years, survived by two daughters, Rachel Kuhn (the proponent of the will) and Lillian Hudak (the contestant of the will).

On September 7, 1966, the proponent offered for probate as decedent's last will a writing dated January 16, 1963, which, with the exception of the signatures thereon, was admittedly written by the proponent. Decedent's signature and that of the one subscribing witness, Blanche Cline, were attacked as forgeries. A caveat to the probate of this writing was filed by the contestant with the Register of Wills and, after a hearing, the Register of Wills refused probate of the writing on the ground that it was a forgery. The proponent appealed this decree to the Orphans' Court of Westmoreland County and, after a de novo hearing, that court held that the writing was not forged and directed the

[ 433 Pa. Page 545]

Register of Wills to admit the writing to probate as decedent's last will. From that decree the instant appeal was taken.

The challenged will reads as follows:

"Jan. 16, 1963.

I, Lloyd A. Cline, do bequeath to my daughter, Rachel Louise Cline Kuhn all real estate remaining in my ...


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