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McCAFFREY WILL

453 Pa. 416 (1973)

McCaffrey Will.

Supreme Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

George S. Forde, Jr., with him James E. Gallagher, Jr., Herman J. Obert, Stradley, Ronon, Stevens & Young, and Gibbons, Eustace & Obert, for appellants.

James R. Caiola, for appellee.

Harry N. Moran, Jr., for administratrix, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, September 19, 1973:

James J. McCaffrey died on March 16, 1961, leaving two testamentary instruments — a holographic will dated in 1939, and a conformed copy of a 1947 will.1 Both instruments were lodged with the register of wills but only the 1939 document was offered for probate. In 1964, the register of wills determined that the 1947 will could not be probated...

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