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BENIGER ESTATE

449 Pa. 373 (1972)

Beniger Estate.

Supreme Court of Pennsylvania.

November 17, 1972.

Attorney(s) appearing for the Case

William C. Stillwagon, for appellant.

Henry J. Mahady, with him Jon Mark Lewis, Patrick H. Mahady, and Mahady & Mahady, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, November 17, 1972:

Joseph Beniger died intestate on September 2, 1971. Certain events which occurred prior to his death give rise to the present controversy.

On July 20, 1971, Jennie M. Kovacs, appellee, petitioned the Orphans' Court Division of the Westmoreland County Court of Common Pleas to declare her father, Joseph Beniger, an incompetent. At this time there existed two joint...

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