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ESTATE BENNIE B. ROZANSKI (08/25/86)

filed: August 25, 1986.

ESTATE OF BENNIE B. ROZANSKI, A/K/A BENJAMIN ROZANSKI, A/K/A BEN ROZANSKI, DECEASED. APPEAL OF ESTATE OF BENNIE B. ROZANSKI, A/K/A BENJAMIN ROZANSKI, A/K/A BEN ROZANSKI, BY AND THROUGH ITS ADMINISTRATRIX, LOTTIE M. ROZANSKI


Appeal From Order Entered July 29, 1985, Court of Common Pleas, Orphans Court Division Luzerne County, No. 612 of 1981.

COUNSEL

Joseph Falchek, Wilkes-Barre, for appellant.

Cavanaugh, Wickersham and Roberts, JJ.

Author: Cavanaugh

[ 356 Pa. Super. Page 236]

Bennie B. Rozanski died on December 17, 1980. It was alleged in the petition for grant of letters of administration that Mr. Rozanski died intestate. Letters of administration were granted by the Register of Wills to his mother, Lottie M. Rozanski. The administration of the estate proceeded and the administratrix filed an account and petition for adjudication. The account was audited and confirmed absolutely in February, 1982.

In July, 1982, Shirley Carter, a friend of the decedent's, filed a rule to show cause why the letters of administration should not be revoked and a letter dated April 26, 1978 admitted to probate as the decedent's last will and testament. The court determined that the writing was in fact testamentary in nature and letters of administration c.t.a. were issued to Lottie M. Rozanski. The court directed the filing of an account and schedule of distribution. A decree nisi was entered. Exceptions were dismissed and a final decree was entered by the court below. The administratrix c.t.a. has appealed to this court.

On appeal the appellant does not contend that the court erred in finding that the letter of April 26, 1978 was testamentary in character but rather that the devise and bequest to Ms. Carter were subject to conditions precedent and subsequent.*fn1 The letter of April 26, 1978 in its entirety was as follows:

[ 356 Pa. Super. Page 237]

Dear Mom,

In case anything should ever happen to me, please do the following things for me.

(1) I want you to have all my stocks and bonds. The stock certificates and bonds are in a safety deposit box at the American Bank in the shopping center near Boscov's and some are at 467 Beechwood Ave., Lebanon in the cupboard with the sliding doors. I also have 2 or 3 reinvestment accounts for some stocks. They send statements out about 3 or 4 times a year. You can have everything in the safety deposit box also. I also want you to have my Connecticut Life Insurance policy (12,500.00) and all my bank accounts. (1) Harris Savings & Loan Association in Lebanon Plaza. (2) Dauphin Deposit on State Drive in Lebanon. (3) Checking account in First Eastern Bank of Wilkes-Barre. (4) Savings account at Credit Union, V.A. Hospital, Lebanon. You can also have everything in my room at home (60 Hudson Rd., Plains, Pa.)

(2) If it can be done, and if it will not be too much of a burden, and if she can make the payments, then I would like to give my house at 467 Beechwood Ave., Lebanon, and everything in it, to Shirley. (Shirley Carter) I want her to have a home. I know money cannot repay her for all the years of her life I wasted. I would also like her to have my Government Insurance policy that I have with the V.A., ($20,000 ). I also want her to have my automobile, 1977 Oldsmobile.

(3) I also would like you to have everything else I own, that I may have forgotten to put down here. You can if you wish to, divide anything you want to with Daniel. I would also like you ...


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