No. 163 Philadelphia 1983, Appeal from the Order of the Court of Common Pleas of Susquehanna County, Civil - Orphan's Court No. 26 of Dec. 16, 1982. At No. 33 of 1981 Will Bk 3 at Pg 509, 58-81-003.
John J. Hovan, Tunkhannock, for appellants.
Raymond C. Davis, Susquehanna, for appellee.
Wieand, Del Sole and Popovich, JJ. Popovich, J., files a dissenting opinion.
[ 342 Pa. Super. Page 350]
This case results from the Common Pleas Court's refusal to allow an appeal from the granting of letters and admission to probate of the Estate of Lora Colucci. Appellant's claim was found to be untimely, under 20 Pa.C.S.A. 908(a), filed the 366th day following the Register of Wills admitting the will into probate.
The facts as set forth by the Common Pleas Court are:
Decedent died on March 4, 1981; a will dated October 12, 1978 was duly admitted to probate in the Register of Wills Office . . . on March 10, 1981. Letters were granted to Louise Benson on March 10, 1981. On May 4, 1981, the Appellant, William Colucci, brother of the decedent, through one of his attorneys, John J. Hovan, Esquire, notified the attorney for the estate that he intended to file two claims against the estate: one for personal property and one for real estate of which decedent died seized.
Appellant took out letters of administration in the estate of his mother, Ada N. Colucci, who died intestate on March
[ 342 Pa. Super. Page 35131]
, 1978, and who had lived with the decedent, Lora Colucci. Letters were issued in the Ada Colucci estate of March 8, 1982.
Pursuant to 20 Pa.C.S.A. § 908(a), Appellant filed a notice of appeal, both as an individual and as administrator of his mother's estate. The notice was dated March 11, 1982, and alleged fraud, forgery and undue influence.
Appellant maintains that because he alleged fraud, forgery and undue influence in his notice of appeal, the statutory ...