Monday, June 1, 2009

IN RE: ESTATE OF SAMUEL W. HARPER, DECEASED APPEAL OF: SAMUEL CARL HARPER, EXECUTOR AND BENEFICIARY

IN RE: ESTATE OF SAMUEL W. HARPER, DECEASED
APPEAL OF: SAMUEL CARL HARPER, EXECUTOR AND BENEFICIARY

No. 1454 WDA 2007 2009 PA Super 104 Atlantic: 975 A.2d 1155 Filed: 6/1/2009

Appeal from the Order, August 3, 2007,
in the Court of Common Pleas of Westmoreland County
Orphans’ Court Division at No. 65-05-2077
Before: FORD ELLIOTT, P.J., DONOHUE AND COLVILLE, JJ.
Opinion by: FORD ELLIOT, P.J.
Dissenting Opinion by: COLVILLE, J.
Samuel Carl Harper, executor and beneficiary of the estate of Samuel W. Harper, appeals the order of August 3, 2007. We affirm, finding that 1) the orphans’ court did not err in reducing the amount of the executor’s commission and denying certain claims; and 2) that the words “share and share alike” in the testator’s Last Will and Testament (“Will”) did not evidence a clear intention to override the anti-lapse statute.
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