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STAUCH ESTATE

451 Pa. 288 (1973)

Stauch Estate.

Supreme Court of Pennsylvania.

March 16, 1973.

Attorney(s) appearing for the Case

Frederick N. Frank, Assistant Attorney General, with him J. Shane Creamer, Attorney General, for Commonwealth, appellant.

Ralph J. McAllister, with him George F. Young, and McAllister & McAllister, for appellees.

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

OPINION BY MR. JUSTICE POMEROY, March 16, 1973:

The Commonwealth has appealed from a decree of the orphans' court division of the court below holding that a criminal fine levied against the decedent in his lifetime abated at his death and therefore could not be recovered from his personal representative as a claim against the estate.

The decedent, Russell Stauch, was found guilty in 1949 in the Court of Oyer and Terminer...

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