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MATTER ESTATE FRANCIS (OR) FRANCIS J. PENTRACK (05/30/79)

decided: May 30, 1979.

IN THE MATTER OF THE ESTATE OF FRANCIS (OR) FRANCIS J. PENTRACK, LATE OF THE BOROUGH OF WESTMONT, CAMBRIA COUNTY, PENNSYLVANIA. APPEAL OF FRANCIS G. OZOG, ADMINISTRATOR OF THE ESTATE OF FRANCIS (OR) FRANCIS J. PENTRACK, DECEASED, AND FRANCIS G. OZOG, IN HIS INDIVIDUAL CAPACITY


No. 19 March Term, 1978, Appeal from the Decree of the Court of Common Pleas, Orphans' Court, of Cambria County, at No. 11-73-791

COUNSEL

R. P. Pawlowski, Johnstown, for Francis G. Ozog, Adm. of Est. of Francis J. Pentrack, etc.

Joseph D. Messina, Johnstown, for Francis G. Ozog in his individual capacity.

Richard J. Russell, Johnstown, for Raymond J. Pentrack.

Marlin B. Stephens, Johnstown, for Patricia Davies and Richard H. Pentrack.

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

Author: O'brien

[ 486 Pa. Page 239]

OPINION OF THE COURT

This appeal involves the estate of Francis J. Pentrack of Westmont, Cambria County, who died intestate on September 18, 1973. Decedent's nephew, Francis G. Ozog, appellant here, was appointed administrator. Decedent and appellant were associated in the operation of a funeral home.

During the administration of the estate, appellant filed a petition for a declaratory judgment as to two questions:

1. Whether the title to certain real estate was legally conveyed by the decedent to his brother and his brother's wife, Raymond and Margaret Pentrack.

2. Whether the business relationship between appellant and decedent constituted a partnership.

In addition, the intestate heirs of decedent, Raymond Pentrack, his brother, Richard R. Pentrack, his nephew and Patricia Pentrack Davies, his niece, filed a petition with the Orphans' Court division of the Court of Common Pleas of Cambria County to have appellant removed as administrator of the estate. The basis of the removal petition was an alleged conflict of interest concerning ...


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