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KELLY v. RHODES

279 Pa.Super. 477 (1980)

421 A.2d 299

James W. KELLY, an Incompetent by his Guardian, Southern Pennsylvania Bank, and Breezy Tavern, Inc., t/a Breezy Tavern v. Lorna E. RHODES and Elmer M. Rhodes and Betty Jane Rhodes, and Art Murphy of York, Inc. No. 76 Appeal of Art Murphy of York, Inc. No. 78 Appeal of Lorna E. Rhodes and Elmer M. Rhodes.

Superior Court of Pennsylvania.

Filed July 18, 1980.

Petition for Allowance of Appeal Denied November 6, 1980.

Attorney(s) appearing for the Case

Victor Dell'Alba, York, for Art Murphy, appellant in No. 76 and for appellee in No. 78.

John C. Herrold, York, for Rhodes, appellant in No. 78 and for appellee in No. 76.

Before CERCONE, President Judge, and WATKINS and MONTGOMERY, JJ.

MONTGOMERY, Judge:

This equity action was originally brought in 1977 by Southern Pennsylvania Bank, as guardian of James W. Kelly, an incompetent, and Breezy Tavern, Inc. (Breezy). Kelly died in 1979 and the case was thereafter prosecuted on behalf of his estate by his executor, Southern Pennsylvania Bank. It was originally brought against Elmer M. Rhodes and Lorna E. Rhodes, his present wife, and Betty Jane Rhodes, from whom he had been divorced. It sought to recover...

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