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ESTATE ROBERT A. STRUNK (03/17/76)

decided: March 17, 1976.

ESTATE OF ROBERT A. STRUNK, SR., DECEASED. APPEAL OF ROBERT A. STRUNK, JR.


COUNSEL

Kingsley A. Jarvis, Norristown, for appellant.

Walton B. Yoder, Jr., Souderton, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Eagen, O'Brien and Roberts, JJ., filed a dissenting opinion.

Author: Per Curiam

[ 467 Pa. Page 213]

OPINION OF THE COURT

Appellant having failed to file exceptions to the decree from which this appeal is brought, the appeal is quashed.

[ 467 Pa. Page 214]

See Banes Estate, 461 Pa. 203, 336 A.2d 248 (1975); Sniderman Estate, 450 Pa. 133, 299 A.2d 207 (1973).

Costs on appellant.

EAGEN, O'BRIEN and ROBERTS, Justices (dissenting).

This appeal is from a final decree of the orphans' court which was timely filed. The merits of the controversy should therefore be reached. The majority, instead, quashes the appeal. We dissent.

19760317

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