HomeMy WebLinkAbout10-21-04 (4) IN RE: ELEANOR U. : IN THE COURT OF COMMON PLEAS OF
COOLIDGE, : CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED. : ORPHANS' COURT DIVISION
: NO. 21-03-936
: JURY TRIAL DEMANDED
MOTION FOR SUMMARY dUDGMENT
Respondents, by their Attorneys, Saidis, Shuff, Flower & Lindsay, move
the Court for entry of a summary judgment in their favor in this action.
This motion is based on testimony presented in this matter at the
hearings on November 17, 2003, and March 29, 2004, as well as the videotaped
depositions of Dr. Joseph F. Brazel and Dr. Herbert Myers, transcripts of which have
been filed in this matter (videotapes of which are available for viewing by the Courl
upon request), the pleadings in this matter, and other affidavits which may be filed by
Respondents before this matter is briefed. Such testimony, pleadings, depositions
testimony and affidavits that there is no genuine issue as to material fact and tha
Respondents are entitled to judgment in their favor as a matter of law, mor(
specifically:
1. As a matter of law, Petitioner is unable to establish by clear and
SAIDIS convincing evidence that ELEANOR U. COOLIDGE lacked testamentary capacity
SHUFF, FLOWER
& LINDSAY
^~roR~vs.^T.~,*, when she executed her Will on December 8, 2003.
26 W. High Street
c~,.~.. ~.^ 2. As a matter of law, Petitioner cannot establish that Respondents
exerted undue influence on ELEANOR U. COOLIDGE since the additional benefit
which they received under the Will fails short of any "substantial benefit" under the
Will, as it is defined in the case law, nor was there a confidential relationship between
decedent or the Respondent, both of which are essential elements required to prove
undue influence.
SAIDIS, SHUFF. FLOWER & LINDSAY
Attorneys for Respondents
October 2~, 2004 ¢~~ ~1, ~-'~ ?
] James D. Flower, Jr., Esquit~ J
~/ I.D. #27742 ·
26 West High Street
Carlisle, PA 17013
7'17-143-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA