Legal Opinion

In re Estate of Smaling

Superior Court of Pennsylvania

Decided November 12, 2013PublishedCited by 64 opinions

1Opinion of the Court

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 0. Smaling, a/k/a William Smal-ing (“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, because we find no error of law or abuse of discretion in the court’s finding of undue influence, we affirm the court’s decree.

De…

2Cases cited21 opinions

  1. Commonwealth v. ClaySupreme Court of Pennsylvania · 2013
  2. Commonwealth v. SherwoodSupreme Court of Pennsylvania · 2009
  3. Leedom v. PalmerSupreme Court of Pennsylvania · 1922
  4. Armbruster v. HorowitzSupreme Court of Pennsylvania · 2002
  5. Criswell v. KingSupreme Court of Pennsylvania · 2003

16 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. In re Activision Blizzard, Inc.Superior Court of Pennsylvania · 2014
  2. Haan, D. and P. v. Wells, J.Superior Court of Pennsylvania · 2014
  3. Brown v. TrinidadSuperior Court of Pennsylvania · 2015
  4. Gold, F. v. Rosen, T.Superior Court of Pennsylvania · 2016
  5. McFeeley, L. v. Shah, S.Superior Court of Pennsylvania · 2020

59 more not listed; retrieve them via the Exa API.

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