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ESTATE OF McKINLEY

461 Pa. 731 (1975)

337 A.2d 851

In the Matter of the ESTATE of Alice D. McKINLEY, Deceased, Appeal of Elizabeth D. COYLE, Beneficiary, and Reed B. Coyle, III, Residuary Legatee. Appeal of COMMONWEALTH of Pennsylvania, Appellants.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Rehearing Denied June 6, 1975.

Attorney(s) appearing for the Case

John B. Nicklas, Jr., Alfred C. Maiello, McCrady, Nicklas, McCrady & Maiello, Pittsburgh, for appellant at No. 75.

Israel Packel, Atty. Gen., Geoffrey Paul Wozney, Asst. Atty. Gen., Pa. Dept. of Justice, Pittsburgh, for appellant at No. 80.

Robert E. McKee, Jr., Feldstein, Bloom & Grinberg, Pittsburgh, for appellee.

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

OPINION OF THE COURT

JONES, Chief Justice.

This appeal presents one issue: whether the domicile of the deceased, Alice D. McKinley, was in Pennsylvania so as to vest the Register of Wills of Allegheny County with jurisdiction to probate her will.

After hearing testimony, the Register of Wills determined that the decedent had changed her domicile from Florida to Allegheny County at the time of her death. The Orphans' Court reversed, holding that the...

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