HomeMy WebLinkAbout07-14-04 IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ELEANOR U. COOLIDGE, Deceased : ORPHANS' COURT DIVISION
:
: NO. 21-03-936
:
: JURY TRIAL DEMANDED
DECREE
AND~'Now,: this ['~ day of ~3 c/. ~-~ ,2004, upon consideration of
the annexed P~etition, a Citation is awarded, under the provisions of Section 764 of the Probate,
Estates and F~uc~anes Code, directed to Thomas E. Coolidge and Philip W. Coolidge to show
cause why th~;appeal Ef Julia Elizabeth Coolidge-Stolz under the provisions of Section 908 of
the Probate, Estates and Fiduciaries Act, from the Decree of the Register of Wills admitting to
probate a certain writing dated December 8, 2003, as the Last Will and Testament of Eleanor U.
Coolidge should not be sustained, the Decree set aside, and a jury be impaneled to try the
following questions of fact:
1. Whether the decedent's physical and mental condition as of December 8, 2003
was so impaired that she was not a person of sound mind and capable of disposing by Will her
estate; and
2. Whether, at the time of the execution of the said paper writing, when the physical
and mental condition of the decedent was greatly impaired by sickness and infirmity, the said
writing was procured by undue influence exerted upon the decedent by a person or persons
occupying a position of confidential relationship to the decedent.
Rule returnable within twenty (20) days of the date of service upon the Estate and the
respondents herein. Service upon James D. Flower, Jr., Esquire, counsel for respondents and
Robert M. Frey, Esquire, counsel for the Estate of Eleanor U. Coolidge by Certified Mail, Return
Receipt Requested shall be acceptable service.
By the Court,