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CALANTZIS v. COLLINS (10/09/70)

decided: October 9, 1970.

CALANTZIS
v.
COLLINS, APPELLANT



Appeal from decree of Court of Common Pleas of Allegheny County, Jan. T., 1962, No. 1664, in case of Panos Calantzis et al. v. Catherine Collins.

COUNSEL

James W. Daub, for appellant.

Tasso E. Camarinos, for appellees.

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

Author: O'brien

[ 440 Pa. Page 355]

Appellant sought, in the court below, the discharge of a guardian ad litem appointed for her. The chancellor refused to discharge the guardian and upon the dismissal of exceptions by the court en banc and the entry of a final decree, an appeal to this court was filed.

The factual and procedural history of this case is concisely summarized in the opinion of the trial court as follows: "Catherine Collins is a seventy-three year old widow, having emigrated from Greece to Canada in 1909 at the age of fourteen. Her education consists of attendance at school in Greece for four years. In

[ 440 Pa. Page 3561914]

she married Peter Calantzis, also known as Peter Collins. After the marriage in Canada they moved to Pittsburgh in 1917 and later to Franklin, Pennsylvania. Peter Collins died in 1951, a resident of Venango County, Penna. His will was admitted to probate in the Office of the Register of Wills of Venango County, Pennsylvania, at No. 64 March Term, 1956. By his will, Mr. Collins devised his estate to his four nephews in Greece, the plaintiffs in this action. Defendant elected to take against the will of her deceased husband.

"Among the assets in the decedent's estate is a valuable tenement building at the northeast corner of Forbes and Craig Streets, Pittsburgh, Pennsylvania. This is known as the Collins Building. The address is No. 4175 Craig and Nos. 4601-4603 Forbes Avenue.

"As a result of her election, Catherine Collins became seized of an undivided one-half interest in this property. The other one-half interest is vested in the plaintiffs herein.

"Plaintiffs commenced this action in partition on November 2, 1961. On February 3, 1963, an agreement was entered into among the parties hereto. Based on this agreement a decree of court was entered February 7, 1963. Presumably this concluded the matter.

"The Agreement and Decree called for a division of the net rentals among the parties in accordance with the respective interests. Oakland Realty Company, a firm doing business in the vicinity of the subject property, was designated as rental agent ...


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