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ESTATE OF KATKOWSKI

485 Pa. 378 (1979)

402 A.2d 1012

In re ESTATE of Sophie V. KATKOWSKI, Deceased. Appeal of William H. LAUBACH, Surviving Executor under the Last Will and Testament of Sophie V. Katkowski, Deceased.

Supreme Court of Pennsylvania.

Decided July 5, 1979.

Attorney(s) appearing for the Case

Bernard B. Naef, Victor F. Cavacini, Allentown, for appellant.

Richard J. Orloski, Allentown, for appellee.

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

OPINION OF THE COURT

LARSEN, Justice.

Appellant and his wife were named executors of decedent's estate under her last will and testament which provided inter alia the following instructions:

Second: I hereby order and direct my Executors to allow my daughter, Emily Lesko, and my son, Lewis F. Katkowski, to reside in the homestead providing either of them will not remarry, but they must pay all taxes...

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