HURST WILL


406 Pa. 612 (1962)

Hurst Will.

Supreme Court of Pennsylvania.

March 13, 1962.


Attorney(s) appearing for the Case

William J. Woolston, with him Leon H. Fox, Sr., for appellant.

Victor J. Roberts, with him Shirley S. Bitterman, William M. Barnes, and Schnader, Harrison, Segal & Lewis, and High, Swartz, Roberts & Seidel, for appellees.

Martin H. Yusem, for residuary legatees, appellees.

Ralph S. Snyder, Deputy Attorney General, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. JUSTICE EAGEN, March 13, 1962:

This is an appeal from the lower court's adjudication in a will contest wherein an issue devisavit vel non was granted and the issue tried before a judge without a jury.

The testatrix, Annie E. Hurst, executed the disputed will on December 2, 1949. She was then seventy-four years of age. She died January 19, 1958.

The testatrix lived with her son, Winfred Hurst, who died unexpectedly of heart failure on...

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