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ESTATE GEORGE A. SEDMAK (05/12/76)

decided: May 12, 1976.

IN RE ESTATE OF GEORGE A. SEDMAK, A/K/A ALEXANDER SEDMAK AND ALEXANDER G. SEDMAK. APPEAL OF ZELLA PORTENAR


COUNSEL

M. Paul Smith, Norristown, for appellant.

Charles K. Plotnick, King of Prussia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Jones

[ 467 Pa. Page 381]

OPINION

Alexander G. Sedmak died on January 16, 1974. Thereafter, Letters of Administration were granted to one of his brothers, Milano Sedmak. In pursuance of his duties, the Administrator discovered among the decedent's papers, a handwritten document addressed to him.*fn1 At the request of counsel for appellant, the writing was submitted to the Register of Wills of Montgomery County for probate. The writing so offered reads as follows:

"My Brother Mil Oct. 6-72

Please see that Zella Portenar receives $5000 from my Savings account it is in the Western Saving Bank [sic]

George A. Sedmak

     or Alexander Sedmak"

The matter was certified to the Orphans' Court Division, Court of Common Pleas of Montgomery County, under Section 907 of the Probate, Estates and Fiduciaries Code [Act of June 30, 1972, P.L. 508, No. 164, § 2, 20 P.S. § 907, eff. July 1, 1972]. This is an appeal from the Orphans' Court's final decree, dated May 21, 1975, refusing to admit to probate this document, which all parties agree was written and signed by the decedent.*fn2

Appellant, Zella Portenar, urges that the court below erred in concluding that the submitted document, together with extrinsic evidence made part of the record, evidences no more than an intent to make an actual, ...


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