Legal Opinion · Dissent

In re Estate of Tyler

Superior Court of Pennsylvania

Decided November 13, 2013Published

1Dissent

DISSENTING OPINION BY

WECHT, J.

I agree with the learned majority’s conclusion that the orphans’ court erred in finding Decedent’s September 8, 2010 handwritten document to be nontestamen-tary. See Maj. Op. at 803. I believe that sufficient indicia exist on this record, namely Decedent’s and witness’ signatures, to determine that the September 8 document is a testamentary writing that needs no further testimony to establish its validity. I would admit the document to probate, without more. I perceive no cause for further hearings. Accordingly, I respectfully dissent.

The September 8 document was…

2Cases cited8 opinions

  1. Kehr WillSupreme Court of Pennsylvania · 1953
  2. Kauffman WillSupreme Court of Pennsylvania · 1950
  3. Estate of LoganSupreme Court of Pennsylvania · 1980
  4. Grimm EstateSupreme Court of Pennsylvania · 1971
  5. In Re Estate of RitchieSupreme Court of Pennsylvania · 1978

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