Estate of: I. Wilner Appeal of: Baker, L.

I agree with the majority that the Probate, Estates and Fiduciaries Code does not mandate application of the rule, set forth in Hodgson’s Estate,1 that a party offering a lost will for probate must demonstrate its contents by the testimony of two witnesses. Yet, I would decline, at this juncture, to overrule Hodgson’s Estate in full, but, rather, would adopt a narrow exception thereto under the circumstances of this case. On that basis, I concur in the majority’s ultimate decision to remand for reinstatement of the orphans’ court’s order. My disagreements with the majority’s analysis follow.

Fi…