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ESTATE CATHERINE SOUPCOFF (06/22/84)

filed: June 22, 1984.

IN RE ESTATE OF CATHERINE SOUPCOFF, DECEASED. APPEAL OF NORMAN SOUPCOFF, HUSBAND, OF CATHERINE SOUPCOFF, DECEASED, APPELLANT


No. 124 Pittsburgh, 1982, Appeal from the Order entered January 25, 1982, Court of Common Pleas, Allegheny County, Orphans' Court Division at No. 1649 of 1980.

COUNSEL

Sheldon L. Keyser, Pittsburgh, for appellant.

John P. Vetica, Jr., Pittsburgh, for participating party.

Brosky, Olszewski and Johnson, JJ.

Author: Johnson

[ 329 Pa. Super. Page 131]

Appellant, Norman Soupcoff, seeks review of a January 25, 1982 Order of the Court of Common Pleas of Allegheny

[ 329 Pa. Super. Page 132]

County which dismissed his exceptions to a Decree of Dissolution dated November 2, 1981. Mr. Soupcoff is the surviving spouse and the personal representative to the estate of Catherine Soupcoff. The decedent left all her jewelry to Appellant in her will. Appellant complains that the lower court erred in ruling that the contents of the decedent's jewelry box*fn1 should be awarded to the decedent's mother, Mrs. Minnie Hartman. We agree that Mrs. Hartman should not have been awarded the contents of the jewelry box and therefore reverse the trial court's determination.

On February 14, 1980, the day of Catherine Soupcoff's death at her home in Pittsburgh, Mrs. Hartman journeyed from Kunkletown, Pennsylvania to Pittsburgh to visit Appellant and stay for the decedent's funeral. She was accompanied on her trip by Leonard Borger, her son-in-law and by Harriet Joan Borger, her daughter and the sister of the decedent. Mrs. Hartman returned to Kunkletown on February 17, 1980 the day following the funeral. Her daughter and son-in-law remained with Appellant until they departed for home on February 19, 1980.

The trial court made the following findings:

"Mrs. Borger and Norman [sic] Smith (Soupcoff's daughter) on the morning of February 18 were in the Soupcoff bedroom sorting decedent's clothes for division between them. Mrs. Borger's share included a small mink stole. Mr. Soupcoff and Mr. Borger were in the next room, a living room. Mrs. Smith called Mr. Soupcoff into the bedroom and she and Mrs. Borger suggested that the decedent's jewelry box and nursing cap and pin be given to Mrs. Hartman. Soupcoff responded it was all right because he could not wear the items and left the room. The next morning Soupcoff asked Mrs. Borger to return a gold charm bracelet from the box of jewelry which was packed with her share of decedent's clothing in her car.

[ 329 Pa. Super. Page 133]

She gave the bracelet back asking if he wanted anything else from the clothing and jewelry in the automobile. ...


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