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GRIFFITH v. KIRSCH

886 A.2d 249 (2005)

Roberta J. GRIFFITH, Executrix of the Estate of Robert W. Kirsch, Appellant, v. Harry E. KIRSCH, Appellee. Roberta J. Griffith, Executrix of the Estate of Robert W. Kirsch, Appellee, v. Harry E. Kirsch, Appellant.

Superior Court of Pennsylvania.

Filed October 24, 2005.

Attorney(s) appearing for the Case

Bruno A. Muscatello, Butler, for Griffith.

Jonathan B. Babyak, Pittsburgh, for Kirsch.

BEFORE: HUDOCK, ORIE MELVIN, and McCAFFERY, JJ.

OPINION BY McCAFFERY, J.:

¶ 1 Appellant, Roberta Griffith, executrix of the estate of Robert W. Kirsch, appeals from the order entered in the Butler County Court of Common Pleas granting in part and denying in part Appellant's motion for reconsideration of the trial court's denial of Appellant's motion for partition. We hold that the language utilized in Robert W. Kirsch's will ("Will") did not create an unreasonable restraint on alienation and that the trial...

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