DEPT. OF REV. APPEAL

No. 3796 C.D. 1984.

97 Pa.Commw. 588 (1986)

510 A.2d 850

In Re: Estate of Edna M. Welsh. Commonwealth of Pennsylvania, Department of Revenue, Appellant.

Commonwealth Court of Pennsylvania.

June 2, 1986.


Attorney(s) appearing for the Case

Vincent J. Dopko, Deputy Attorney General, with him, Catherine R. Barone, and LeRoy S. Zimmerman, Attorney General, for appellant.

John F. Meigs, with him, Martha R. Hurt and George C. McFarland, Jr.; Of Counsel: Saul, Ewing, Remick & Saul, for appellee.

Argued April 10, 1986, before Judges MacPHAIL and Palladino, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, June 2, 1986:

The Commonwealth appeals from an order of the Orphans' Court of Montgomery County awarding a refund to Charles N. Welsh, Jr., executor of the estate of Edna M. Welsh, deceased, (Appellee) in the amount of $150,090.39 plus interest. We will affirm.

Edna M. Welsh died testate on October 5, 1981 and letters testamentary were granted to Appellee on October 14, 1981. On July 2, 1982, Appellee filed the Pennsylvania Inheritance...

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