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ESTATE BERNARD D. STALNAKER (08/03/84)

filed: August 3, 1984.

ESTATE OF BERNARD D. STALNAKER, DECEASED. APPEAL OF MARIAN LEE MORGAN. ESTATE OF BERNARD D. STALNAKER, DECEASED. APPEAL OF D'ARCY D. AMBURN, EXECUTRIX AND BENEFICIARY


No. 670 Philadelphia, 1982, Appeal from the Decree of February 2, 1982 in the Court of Common Pleas of Philadelphia County, Orphans Division, No. 2359 of 1980, no. 857 Philadelphia, 1982, Appeal from the Decree of February 2, 1982 in the Court of Common Pleas of Philadelphia County, Orphans Division, No. 2359 of 1980

COUNSEL

Frank A. Bedford, III, Wynnewood, for appellant (at 670) and for participating party (at 857).

Thomas M. Thistle, Philadelphia, for appellant (at 857) and for participating party (at 670).

Cercone, President Judge, and McEwen and Hoffman, JJ.

Author: Cercone

[ 330 Pa. Super. Page 401]

These are cross appeals from a decree of the Orphans' Court of Philadelphia regarding the estate of Bernard D. Stalnaker, deceased (hereafter referred to as testator). Mr. Stalnaker died on February 7, 1980 leaving a will dated December 3, 1973 and a codicil thereto dated November 25, 1977. In the will, the testator left his entire estate to his daughter D'Arcy D. Amburn and also named her executrix. In addition to the will, the testator executed a handwritten codicil which reads:

[ 330 Pa. Super. Page 402]

I, Bernard D. Stalnaker, 238 South 21st Street, Phila., Pa., herewith request that the sum of thirty thousand dollars ($30,000.00) be re-apportioned from my estate, established in my latest will, and left to Marian Lee Morgan Perronne, daughter of Mrs. Wayne Enyeart of Lantanta, Fla.

The above amount is to be given to Marian Lee Morgan Perrone without any equivocation and uncontestable by either of my two daughters or any other person or persons.

This codicil is to become effective this day, the date of this writing which is November 25, 1977 (November the twenty-fifth, nineteen hundred and seventy-seven).

The amount of $30,000.00 is to be paid from insurance monies from Aetna Life & Casualty Co. of Hartford, Conn., local agent, H. Griffith Robbins of Philadelphia, Pa.

Under the codicil, Marian Lee Morgan Pirrone*fn1 (hereafter referred to as niece) appeared to be entitled to $30,000.00 from the estate, representing insurance proceeds. At the time of his demise, the testator owned and was the named insured under two policies issued by Aetna. One life insurance policy was in effect naming Amburn and her sister Lora Jo Dickhart as beneficiaries.*fn2 Another policy was a disability policy, from which appellant was receiving benefits at the time of his death. Aetna paid the proceeds of the life insurance, $100,526.00, to Amburn and Dickhart and paid testator's estate, $183.33, the remaining cash value of the disability policy.

The will and codicil were admitted to probate.*fn3 After procedural jousting, the niece filed objections to the Amburn's first and final ...


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