Estate of Gallagher

Today the majority, without cause and impermissibly acting as a factfinder, ignores the duly entered unappealed probate of decedent’s will by the Philadelphia Register of Wills and finds that there was writing after the signature on the decedent’s handwritten will form. Then, sub silentio, it introduces a new principle of fraud to overturn the decision of the Orphans’ Court Division of the Philadelphia Court of Common Pleas on the basis of the majority’s newly created rule. I must dissent.

Edward A. Gallagher died testate on December 18, 1969. Appellee, Provident National Bank (Provident),…