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MITCHELL WILL

420 Pa. 218 (1966)

Mitchell Will.

Supreme Court of Pennsylvania.

January 4, 1966.

Attorney(s) appearing for the Case

Paul Maloney, with him Holbrook M. Bunting, Jr., and Pepper, Hamilton & Scheetz, for appellants.

Harry A. Takiff, with him Martin Greitzer, and Takiff and Bolger, for appellees.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, January 4, 1966:

In this will contest proponents proved the will and its execution by the necessary subscribing witnesses thereby shifting the burden to the contestants. The hearing judge found that taking as true all of contestants' testimony as to decedent's mental and physical condition, the contestants' case was still insufficient to show undue influence exerted upon the decedent by any person or persons in confidential relationship...

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