IN RE PAVLINKO'S ESTATE 394 Pa. 564, 148 A.2d 528 (1959) CASE BRIEF

IN RE PAVLINKO'S ESTATE

394 Pa. 564, 148 A.2d 528 (1959)

NATURE OF THE CASE: This is an appeal from an order affirming denial of probate of a will.

FACTS: Vasil and Hellen Pavlinko, husband and wife, each had wills drawn, leaving all their property to the other. The residuary legatee in both wills was Elias Martin (P). By mistake, Vasil signed Hellen's will, and Hellen signed Vasil's. Hellen predeceased Vasil, but her will was not probated. After Vasil's death, P attempted to probate the will which purported to be Hellen's, but which was signed by Vasil.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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