No. 1473 Philadelphia, 1981, Appeal from the Decree of the Court of Common Pleas, Orphans' Court Division, of Philadelphia County at No. 3315 of 1978.
Steven Paul Burkett, Philadelphia, for appellant.
Nancy Marilyn Weinman, Philadelphia, for participating party.
Wickersham, Rowley and McEwen, JJ.
[ 298 Pa. Super. Page 380]
Sara Nemeroff Greenberg died June 28, 1978 leaving a will dated October 24, 1977. She was not survived by a spouse, but was survived by issue. By her will, testatrix devised and bequeathed her estate as follows: $1,000 to her sister, Ann Finkelman; five $1,000 pecuniary legacies to her five named grandchildren; premises 6340 Algon Avenue, Philadelphia, Pennsylvania, and contents to her daughter, Arlene Brehm, and the remaining balance as follows: one-third to her daughter, and the remaining two-thirds to her son, Stanley Nemeroff.
During the course of the administration of the estate, the executor, Stanley Nemeroff, filed a petition for citation to compel respondent, Ann Finkelman, to return personal property to the estate, specifically a diamond engagement ring and a diamond wedding band. The petition alleged, inter alia, that at the time of her death, Sara Nemeroff Greenberg
[ 298 Pa. Super. Page 381]
owned both items which were located in an apartment which decedent shared with respondent, Ann Finkelman, and which were allegedly taken by respondent in violation of the rights of those interested in the estate. Subsequently, the court by order dated November 29, 1978 ordered and decreed that the prayer of the petition for citation be granted and a citation issued to Ann Finkelman to show cause why she should not return decedent's engagement ring and wedding band to the estate.
On March 5, 1980 a hearing was held in the Court of Common Pleas of Philadelphia County, Orphans' Court Division, before the Honorable Paul Silverstein relating to the petition for citation. One of the witnesses for the respondent was Faye Goodman of Melrose Park, Pennsylvania who testified as follows:
Q. . . . . What is your relationship to the respondent, Miss Finkelman, if any?
A. I go to Ann Finkelman for my manicures.
Q. Did you know the decedent, Sara Greenberg?
A. I met her and I knew her, yes.
Q. Were you ever present at a time when a conversation took place between the decedent, Mrs. Greenberg, and Ann Finkelman concerning a diamond wedding band and a diamond engagement ring?
Q. And what were the circumstances that this -- in other words, where were you at the time the ...