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HUGH S. WOOLETT'S ESTATE. APPEAL JEAN S. GARDNER (05/13/75)

decided: May 13, 1975.

IN RE HUGH S. WOOLETT'S ESTATE. APPEAL OF JEAN S. GARDNER


COUNSEL

George E. Loebig, Jr., Pittsburgh, for appellant.

Herbert V. Brownlee, Brownlee & Brownlee, Pittsburgh, for appellee.

Jones, C. J., and Eagen, O'Brien, Pomeroy, Nix and Manderino, JJ. Roberts, J., took no part in the consideration or decision of this case.

Author: Jones

[ 461 Pa. Page 705]

OPINION OF THE COURT

Hugh S. Woolett died testate on June 4, 1972. On June 20, 1972, following the naming of appellant Jean S. Gardner, administratrix c. t. a. of the estate, decedent's will was probated in Allegheny County. Thereafter, appellant filed an account which came up for audit on April 17, 1974.

[ 461 Pa. Page 706]

On June 3, 1974, the Orphans' Court of Allegheny County entered a decree providing that the residuary estate bear the burden of estate inheritance tax, debts and administrative expenses. Thereafter, appellant filed exceptions to the decree requesting that the heirs of testator's deceased brother be required to pay a proportionate share of the above-mentioned costs. Exceptions were denied by the court en banc and this appeal followed.

Appellant's contentions involve the interpretation of the second paragraph of the decedent's holographic will. The will provides:

"LAST WILL AND TESTAMENT

HUGH S. WOOLETT.

In the name of God, Amen.

I, Hugh S. Woolett, bequeath my real estate at 282 Magnolia Place, Mt. Lebanon, to my brother, Kieth M. ...


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