In Re Estate of Hewitt

554 Pa. 486 (1998)

721 A.2d 1082

In re ESTATE OF Kenneth C. HEWITT, Deceased.

Appeal of the Commonwealth of Pennsylvania, Through its Attorney General, Thomas W. Corbett, Jr.

Supreme Court of Pennsylvania.

Argued March 9, 1998.

Decided December 22, 1998.

Rita J. Cindrich, Office of Atty. Gen., for appellants.

G. Donald Gerlach, Pittsburgh, for Estate of Kenneth C. Hewitt.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

When a testator devises a life interest in real estate to a beneficiary who is also the co-executrix of his…