Legal Opinion

In Re Estate of Kirkander

Supreme Court of Pennsylvania

Decided May 30, 1980No. 58PublishedCited by 11 opinions

1Opinion of the Court

*51OPINION

KAUFFMAN, Justice.

This is an appeal from the final decree of the Court of Common Pleas of Butler County, Orphans’ Court Division, dismissing as untimely an appeal from the probate of a document purporting to be the last will and testament of Warren R. Kirkander (“decedent”).1 The question presented is whether probate may be attacked on the ground of fraud practiced upon the register of wills after the time fixed by statute for an appeal has run. We answer in the affirmative and, accordingly, reverse and remand for an evidentiary hearing.

On August 24, 1978, almost two years after the…

2Cases cited5 opinions

  1. GOLDMAN v. McShainSupreme Court of Pennsylvania · 1968
  2. Unger v. Hampton TownshipSupreme Court of Pennsylvania · 1970
  3. Blumer v. DorfmanSupreme Court of Pennsylvania · 1972
  4. Culbertson's EstateSupreme Court of Pennsylvania · 1930
  5. In Re Estate of KigerSupreme Court of Pennsylvania · 1979

3Cited by11 opinions

  1. In Re KirkanderSupreme Court of Pennsylvania · 1984
  2. Dempsey v. FiguraSupreme Court of Pennsylvania · 1988
  3. Estate of ColucciSuperior Court of Pennsylvania · 1985
  4. Rivera v. FeinsteinAppellate Division of the Supreme Court of the State of New York · 1997
  5. Estate of ColucciSuperior Court of Pennsylvania · 1985

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