Legal Opinion · Dissent

Estate of Colucci

Superior Court of Pennsylvania

Decided May 17, 1985No. 163Published

1DissentPopovich, Judge

I cannot join in what amounts to a pro forma reversal and remand by the Majority of the Orphans’ Court’s dismissal *353of appellant’s appeal of the Register of Will’s probate of Lora M. Colucci’s Will.

Despite the appropriateness of the procedure followed by appellant in appealing to the Orphans’ Court from the Register’s actions, I would find that the Majority acts precipitously in remanding solely on appellant’s bald allegation that the “appeal w[as] ... based on undue influence, fraud and forgery.” This is especially so in the absence of any pleadings, interrogatories or depositions…

2Cases cited10 opinions

  1. Dilliplaine v. Lehigh Valley Trust Co.Supreme Court of Pennsylvania · 1974
  2. Commonwealth v. BlairSupreme Court of Pennsylvania · 1975
  3. Commonwealth v. GravelySupreme Court of Pennsylvania · 1979
  4. GOLDMAN v. McShainSupreme Court of Pennsylvania · 1968
  5. Commonwealth v. HolmesSupreme Court of Pennsylvania · 1983

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