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ESTATE OF CLARK

461 Pa. 52 (1975)

334 A.2d 628

In re ESTATE of Alice G. CLARK, Deceased. Appeal of John H. SMITH.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Reargument Denied June 6, 1975.

Attorney(s) appearing for the Case

Clifford A. Weisel, Byron D. Xides, Weisel, Xides & Conn, Pittsburgh, for appellant.

Martin W. Sheerer, Dillman, Sheerer & Schuchert, Pittsburgh, for appellee.

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

OPINION

JONES, Chief Justice.

At issue on this appeal is whether the primary beneficiary under the Last Will and Testament of Alice G. Clark exerted undue influence upon the mind and person of the testatrix. The Orphans' Court Division tried the issue devisavit vel non and found that John H. Smith had procured the benefits of the residuary clause, which was the bulk of testatrix's estate, by undue influence, and thereby set aside the residuary clause of...

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