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IN RE SYLVESTER

409 Pa.Super. 439 (1991)

598 A.2d 76

In re Dr. Hans M. SYLVESTER Dr. Hans M. Sylvester, Marjorie Szerlip. Appeal of William B. BIRCH and Violet Fagerstrom.

Superior Court of Pennsylvania.

Decided October 23, 1991.

Attorney(s) appearing for the Case

Cletus P. Lyman, Philadelphia, for appellants.

Robert M. Diorio, Media, for Szerlip, appellee.

Before ROWLEY, President Judge, and BECK and HESTER, JJ.

HESTER, Judge:

This appeal involves the propriety of guardianship proceedings conducted in the Orphans' Court Division of the Court of Common Pleas of Delaware County. We conclude that the orphans' court erred by ignoring the dictates of 20 Pa.C.S. § 5604(c)(2), which provides that a principal executing a power of attorney may nominate the guardian of his estate and that the court "shall" appoint the person so nominated as guardian of the estate except for "good...

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