Legal Opinion · Dissent

Estate of Kinert v. Pennsylvania Department of Revenue

Commonwealth Court of Pennsylvania

Decided April 14, 1997No. 1213 C.D. 1996Published

1DissentFriedman, J.

I respectfully dissent. Because I believe that Hildreth M. Kinert (Kinert) bequeathed to James B. Quade (Quade) and James R. Lawley (Lawley) a mere license to occupy the premises at 308 North Progress Avenue, Harrisburg, Pennsylvania, I would affirm the order of the Court of Common Pleas of Dauphin County, Orphans’ Court Division (Orphans’ Court).1

Because the will here is not an artfully-worded document, the majority struggles to ascertain its meaning by examining the dictionary definitions of various terms. While dictionary definitions can often be helpful, they are not always controlling.…

2Cases cited4 opinions

  1. Bigony EstateSupreme Court of Pennsylvania · 1959
  2. Kalins v. Commonwealth, State Real Estate CommissionCommonwealth Court of Pennsylvania · 1985
  3. Baldesberger v. BaldesbergerSupreme Court of Pennsylvania · 1954
  4. Estate of Mary Edwards Helms Peacock, Deceased, Wilbur T. Edwards, Jr. v. United StatesCourt of Appeals for the Eleventh Circuit · 1990

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