Kirby v. Kirby

EAKIN, Judge:

Allan P. Kirby, Jr. appeals (at No. 527 Philadelphia 1996) from the order of the Luzerne County Court of Common Pleas entered January 17, 1996 granting summary judgment in favor of F.M. Kirby, II. We affirm. 1

In the early 1930’s, F.M. Kirby ordered the construction of a mausoleum containing eight crypts at the Hollenback Cemetery. F.M. Kirby is the paternal grandfather of both appellant and appellee, who are brothers. To date, four members of the Kirby family are interred in the mausoleum: F.M. Kirby and his wife Jessie A.O. Kirby, and Allan P. Kirby and his wife Marian S. Kirby…