HomeMy WebLinkAbout01-23-07
ORPHANS' COURT
CUMBERLAND COl1i~
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NO. 21-06-1042-_-:z:tB
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In Re: Petition to Admit to Probate a Photocopy of Last Will and Testam~
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ESTATE OF
HELEN P. McRAE,
DECEASED
OPINION and DECREE
This case comes before the Register of Wills on a Petition to Admit to
Probate a Photocopy of a Last Will & Testament of Helen P. McRae filed by her
children, Colin Douglas McRae and Nancy Louise McRae Jamison. A hearing
was held on the Petition on December 4, 2006.
Where a testator had possession of her will, and such will cannot be
located after death, the presumption arises that the will was revoked or
destroyed by her. To overcome that presumption, the evidence must be positive,
clear and satisfactory. Janosky Estate (pa.Super.), 827 A2d 512.
Based upon the evidence of record from the hearing, the Register of Wills
has determined that a presumption can be made that Mrs. McRae revoked or
destroyed the lost will. Further, the Register determines that Petitioners have
failed to rebut that presumption with positive, clear and satisfactory evidence.
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Specifically, the Register finds that questions remain unanswered
regarding the testamentary capacity of the testator at the time the alleged will
was made, as well as the diligence of any search conducted for the lost will and
whether the contents of the will were as stated.
Although Petitioners did present testimony and evidence regarding what
they believed to be the testator's signature, they did not even attempt to establish
testamentary capacity. Moreover, Petitioner's presented testimony regarding a
cursory search for the lost will, but the Register finds that such testimony was
unsatisfactory to overcome the presumption of revocation.
Accordingly, the Register of Wills denies the Petition to Admit to Probate
a Photocopy of a Last Will & Testament of Helen P. McRae.
Date: January 22 , 2007
Glenda Farner Strasbaugh
Register of Wills and
Clerk of the Orphans' Court
Cumberland County
In Re: Estate of HELEN P MCRAD
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-1042
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1/22/07
JUDGE'S INITIALS: GFS
TIME STAMP DATE: 1/23/07
IN RE: OPINION AND DECREE
SERVICE TO:
JAMES HUGHES ESO
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