ESTATE OF STEWART


325 Pa.Super. 545 (1984)

473 A.2d 572

In the ESTATE OF Arthur STEWART, Deceased. Appeal of Eva S. HIBBERT, Emma, James, Joseph Martin, David Engle, Everett A. Keene, Ray Engle and Walter Todd, Jr.

Supreme Court of Pennsylvania.

Filed February 24, 1984.

Petition for Allowance of Appeal Granted July 11, 1984.


Attorney(s) appearing for the Case

James W. Appel, Lancaster, for appellants.

Melvin Eugene Newcomer, Lancaster, for appellee.

Before SPAETH, BROSKY and BECK, JJ.


SPAETH, Judge:

This appeal is from an order dismissing exceptions to an order denying probate of a will. Appellant argues that under the will she is entitled to appoint the entire estate to herself, subject to the payment of the pecuniary legacies. We agree and therefore reverse.

Arthur Stewart died on March 8, 1979, leaving a three-page handwritten will, as follows:

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