MATTER OF ESTATE OF PENTRACK


486 Pa. 237 (1979)

405 A.2d 879

In the Matter of the ESTATE of Francis (or) Francis J. PENTRACK, Late of the Borough of Westmont, Cambria County, Pennsylvania. APPEAL of Francis G. OZOG, Administrator of the Estate of Francis (or) Francis J. Pentrack, Deceased, and Francis G. Ozog, in his individual capacity.

Supreme Court of Pennsylvania.

Decided May 30, 1979.

Reargument Denied September 28, 1979.


Attorney(s) appearing for the Case

R.P. Pawlowski, Johnstown, for Francis G. Ozog, Adm. of Est. of Francis J. Pentrack, etc.

Joseph D. Messina, Johnstown, for Francis G. Ozog in his individual capacity.

Richard J. Russell, Johnstown, for Raymond J. Pentrack.

Marlin B. Stephens, Johnstown, for Patricia Davies and Richard H. Pentrack.

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


OPINION OF THE COURT

O'BRIEN, Justice.

This appeal involves the estate of Francis J. Pentrack of Westmont, Cambria County, who died intestate on September 18, 1973. Decedent's nephew, Francis G. Ozog, appellant here, was appointed administrator. Decedent and appellant were associated in the operation of a funeral home.

During the administration of the estate, appellant filed a petition for a declaratory judgment...

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