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IN RE ESTATE OF SMALING

No. 3353 EDA 2011

80 A.3d 485 (2013)

In re ESTATE OF William O. SMALING a/k/a William Smaling, Deceased. Appeal of Norine C. Smaling.

Superior Court of Pennsylvania.

Filed November 12, 2013.

Attorney(s) appearing for the Case

Todd W. Weitzman , Stroudsburg, for appellant.

David L. Horvath , Stroudsburg, for appellee.

Robert L. Byer , Pittsburgh, for PA Bar Association, participating party.

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., BOWES, J., GANTMAN, J., PANELLA, J., SHOGAN, J., LAZARUS, J., MUNDY, J., and OTT, J.

OPINION BY LAZARUS, J.

Norine C. Smaling ("Norine") appeals from the decree entered in the Court of Common Pleas of Monroe County, directing that a will dated April 11, 2005 be probated as the Last Will and Testament of William O. Smaling, a/k/a William Smaling ("Decedent"). Upon a careful review of the record in this matter, we conclude that the Orphans' Court erred in finding that Decedent lacked testamentary capacity on the date he executed his 2008 will. However...

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