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IN RE ESTATE OF KOSTICK

514 Pa. 591 (1987)

526 A.2d 746

In re ESTATE OF Anthony KOSTICK, Deceased. Appeal of Jean KOSTICK.

Supreme Court of Pennsylvania.

Decided May 22, 1987.

Attorney(s) appearing for the Case

R. Stuart Jenkins, Media, for appellant.

Francis R. Lord, Media, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

The issues presented for our consideration in this case are 1) whether the trial court erred by holding that a presumption of malicious desertion existed "upon proof that the surviving spouse had withdrawn from the marital domicile" under the forfeiture provisions of the Probate, Estate and Fiduciaries Code,1 and 2) what evidentiary value is to be

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