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ESTATE JOSEPH T. IMBRUGLIA (06/02/78)

decided: June 2, 1978.

ESTATE OF JOSEPH T. IMBRUGLIA, DECEASED. APPEAL OF CATHERINE GATTONE, JOSEPH CAPUTI, PASQUALE CAPUTI, AMELIA BORSARI, MATILDA GIORDANO, SALVATORE VILLANI, LYDIA MUSI, MARIE SCHULTZ, THOMAS MAZZELLA, CAROLYN HAGER, THOMAS CAPUTI, ALENE AGNES GAMBINO, KARLEEN M. SIMS, ANTHONY GIORDANO AND MYRNA KELLEY


No. 408 January Term, 1976, Appeal from the Decree of the Court of Common Pleas of Delaware County, Pennsylvania, Orphans' Court Division at No. 531 of 1973.

COUNSEL

George J. Giunta, Media, for appellant.

James F. Proud, Media, for appellee, Estate of Valentina Raschella, Dec'd.

R. Stuart Jenkins, Media, for appellee, Anthony Imbruglia.

Fronefield & deFuria, F. Martin Duus, Media, for appellee, Josephine Imbruglia.

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

Author: Roberts

[ 479 Pa. Page 96]

OPINION OF THE COURT

The Orphans' Court Division of the Court of Common Pleas of Delaware County determined that decedent Joseph Imbruglia did not enter into an enforceable agreement barring

[ 479 Pa. Page 97]

    revocation of his May 19, 1965 will.*fn1 Appellants, beneficiaries under the 1965 will, appeal and we affirm.

On May 19, 1965, decedent and his first wife Elvira executed wills giving the surviving spouse the entire residue of the other's estate. The preamble of the will of decedent provided:

"I, JOSEPH T. IMBRUGLIA, of Drexel Park, County of Delaware, State of Pennsylvania, for and in consideration of a Will made this day by my wife, Elvira Mazzella Imbruglia, a signed copy of which is attached hereto, do hereby make my last Will and ...


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