HomeMy WebLinkAbout06-12-08Shaun E. O'Toole, Esquire
2813 North Second Street
Harrisburg, Pennsylvania 17110
717.213.6653
IN RE: ESTATE OF GERALD G
HUGHES, JR. Deceased
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BEFORE THE REGISTER OF~L'~ OE~u: __
CUMBERLAND COUNTY, PEI`~LVAI'~A `: =` ,-
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N0.21-08-03b9 ~
MOTION FOR RECONSIDERATION
TO THE REGISTER OF WILLS:
AND NOW Petitioner, David R. Hughes, by and through his attorney, Shaun E. O'Toole,
moves that the Register of Wills of Cumberland County, Pennsylvania reconsider the Decree it
e~,ntered on May 23, 2008 in this matter and in support thereof avers as follows:
Gerald G. Hughes, Jr. ("Decedent") passed away March 26, 2008, a resident of
Mechanicsburg, Cumberland County, Pennsylvania.
2. On or about Apri12, 2008, Decedent's brother, Petitioner, David R. Hughes,
submitted for probate to the Register of Wills of Cumberland County ("Register of Wills") a
Power of Attorney document signed by Decedent which included the following provision: "[i]n
the event of my death, this power of attorney shall remain in effect until such time as David R.
Hughes can settle my estate."
On or about April 3, 2008, apparently after Decedent's estranged wife, Roxie
Hughes, petitioned the Register of Wills for Letters of Administration for the Estate, the Register
of Wills issued to Decedent's heirs (Petitioner, Roxie Hughes, and Decedent's daughter, Monica
H~ons) a Citation to show cause why Letters should not be issued to Petioner and setting a hearing
before the Register of Wills for Apri124, 3008 to address the issue.
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4. A hearing was held before the Register of Wills on April 24, 2008, during which
Petitioner submitted, and, in essence filed with the Register of Wills a Renunciation signed by
Decedent's daughter, Monica Hans, wherein she renounced her right to serve as Administratrx
of the Estate and requested that Letters be issued to Petitioner.
On May 23, 2008, the Register of Wills entered a Decree finding that "the Power
of Attorney document submitted for probate failed to qualify as a testamentary document" and
decreed that Letters of Administration be granted to Decedent's estranged wife, Roxie Hughes.
6. In rendering her decision, the Register of Wills either did not consider the issue of
whether Decedent's estranged wife had abandoned Decedent and therefore forfeited any right to
serve as administratrix of the estate or decided this issue contrary to the weight of the evidence
submitted at the hearing, namely the testimony of Roxie Hughes, that she had abandoned the
Decedent and therefore forfeited any right to serve as Adminstratrix of Decedent's estate.
WHEREFORE, Petitioner respectfully requests that the Register of Wills vacate its
Decree entered on May 23, 2008; revoke the Letters of Administration issued to Roxie Hughes;
and issue Letters to Petitioner, David R. Hughes.
Respectfully submitted,
06 ~i2 Jo$ ra, ~`
Date:
aun E. O'Toole, Esquire
Attorney No. 44797
2813 North Second Street
Harrisburg, Pennsylvania 17011
717.213.6653
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Motion was served by first-class United States mail, postage prepaid, upon the
following:
James H. Turner, Esquire
Turner & O'Connell
4415 North Front Street
Harrisburg, Pennsylvania 17110.
Dated: D(o ~1Z ~~v F°• ~ U'j'~-~
aun E. O'Toole, Esquire
2813 North Second Street
Harrisburg, Pennsylvania 17110
Attorney for Petitioner