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KIRBY v. KIRBY

455 Pa.Super. 96 (1997)

687 A.2d 385

F.M. KIRBY, II v. Allan P. KIRBY, Jr., the Hollenback Cemetery Association of Wilkes-Barre and Its Vicinity, Grace Kirby Culbertson, Ann K. Kirby, Helene L. Kirby and Gloria Kirby. Appeal of Allan P. KIRBY, Jr. F.M. KIRBY, II and the Hollenback Cemetery Association of Wilkes-Barre and Its Vicinity, Grace Kirby Culbertson, Ann K. Kirby, Helene L. Kirby and Gloria Kirby, v. Allan P. KIRBY. Appeal of F.M. KIRBY, II.

Superior Court of Pennsylvania.

Filed January 8, 1997.

Attorney(s) appearing for the Case

Joseph G. Ferguson, Wilkes-Barre, for Allan P. Kirby.

Charles A. Shea, III, Kingston, for F.M. Kirby.

Before HUDOCK, EAKIN and HOFFMAN, JJ.

EAKIN, Judge:

Allan P. Kirby, Jr. appeals (at No. 527 Philadelphia 1996) from the order of the Luzerne County Court of Common Pleas entered January 17, 1996 granting summary judgment in favor of F.M. Kirby, II. We affirm.1

In the early 1930's, F.M. Kirby ordered the construction of a mausoleum containing eight crypts at the Hollenback Cemetery. F.M. Kirby is the paternal grandfather of both appellant and appellee, who are brothers...

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