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McCAFFREY ESTATE

No. 2148 of 1961.

40 Pa. D. & C. 2d 645 (1966)

McCaffrey Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

November 10, 1966.

Attorney(s) appearing for the Case

Stradley, Ronan, Stevens & Young, George S. Forde, Jr., John F. Thaete and Walter B. Gibbons, for exceptants.

Francis G. Wenzel and James R. Caiola, contra.

Before KLEIN, P. J., BOLGER, LEFEVER, SAYLOR, SHOYER and BURKE, JJ.

SHOYER, J., November 10, 1966.

Must an 88 year old testator, whose charitable intentions have existed in writing for at least 22 years, be deemed to have died intestate because he failed to reproduce or republish his carefully drawn six-page will, the original of which was stolen from his home seven years before? This is the fundamental issue presented to us by the exceptions, which were filed by various Catholic...

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