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ESTATE SARAH HASTINGS. APPEAL FRANK MCQUISTION (06/05/78)

decided: June 5, 1978.

IN RE ESTATE OF SARAH HASTINGS. APPEAL OF FRANK MCQUISTION


No. 61 March Term 1976, Appeal from the Decree of the Court of Common Pleas of Butler County, Orphans' Court Division, at No. 27 of 1975.

COUNSEL

John N. Gazetos, Butler, for appellant.

Norman D. Jaffe, Butler, for appellee.

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

Author: Eagen

[ 479 Pa. Page 125]

OPINION OF THE COURT

This appeal arises from a will contest involving the estate of Sarah Hastings, who died on January 19, 1975, at the age of ninety-four. The appeal is taken from an Orphans' Court decree which upheld probate of decedent's will dated September 2, 1967, and denied probate of a later will dated July 9, 1971.

Appellant is Frank McQuistion, proponent of the 1971 will and one of the beneficiaries therein. Appellee is Robert M. Hastings, proponent, executor, and sole beneficiary under the 1967 will.

The record discloses the following:

On July 9, 1966, Sarah Hastings, a resident of Butler County, Pennsylvania, executed a will. The scrivener was John Gazetos, Esquire. Under this will there were six beneficiaries including Robert M. Hastings, a nephew, and Frank McQuistion, the husband of a niece.

On September 2, 1967, Sarah Hastings executed a second will which was prepared by Norman D. Jaffe, Esquire. Under this will Robert M. Hastings, her nephew, was named executor of her estate and sole beneficiary.

On July 21, 1970, Sarah Hastings signed and delivered a general power of attorney, prepared by Attorney Jaffe, to Robert M. Hastings.

On June 23, 1971, an incompetency proceeding was initiated by Robert M. Hastings, who petitioned the court to appoint him to serve as guardian of ...


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