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DiMARCO ESTATE

435 Pa. 428 (1969)

DiMarco Estate.

Supreme Court of Pennsylvania.

October 9, 1969.

Attorney(s) appearing for the Case

Edward W. Mullinix, with him Dennis R. Suplee, Guy G. deFuria, and Schnader, Harrison, Segal & Lewis, and deFuria and Larkin, for appellant.

Garland D. Cherry, with him Leigh W. Bauer, and Kassab, Cherry, Curran & Archbold, and Diamond, Polsky & Bauer, for appellee.

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

OPINION BY MR. JUSTICE JONES, October 9, 1969:

This is an appeal from a decree of the Orphans' Court of Delaware County which removed a coexecutor of this estate and granted leave to the decedent's widow to file a petition to take against the decedent's will even though the one year statutory period for such purpose had expired.

Pasquale DiMarco (decedent), a Delaware County resident, died June 27, 1965 survived by his widow, Anna, four daughters and a son...

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