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IN RE ESTATE OF STAUFFER

504 Pa. 626 (1984)

476 A.2d 354

In re ESTATE OF Warren STAUFFER, Deceased. Bebeann O'HALLORAN, Appellee, v. Joseph T. STAUFFER, Administrator C.T.A., Appellant.

Supreme Court of Pennsylvania.

Decided May 25, 1984.

Attorney(s) appearing for the Case

Donald H. Melaney, Pittsburgh, for appellant.

Edward C. Milburn, Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

ZAPPALA, Justice.

In this appeal, we are called upon to determine whether a woman who claims a spouse's elective share against the will of a decedent may testify under any exception to the Dead Man's Act, Act of July 9, 1976, P.L. 586, No. 142, 42 Pa.C.S. § 5930, in order to establish her status as a common law spouse. The trial court held that under our decision in In re Estate of McClain, 481 Pa. 435...

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