Petition to the Orphans' Court Division to Show Cause Why an Appeal from the Register Should Not Be Sustained For Lack of Testamentary Capacity and Undue Influence

Current through March 1, 2017

[SEE CAPTION AT 1.3.1 ]

PRELIMINARY DECREE

Now, ____________________, 20 ____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that a Citation is awarded, directed to John Jones, Sally Morgan and Stephen Morgan, to show cause why the appeal from the probate of the writing dated May 1, 1990 should not be sustained on the grounds of lack of testamentary capacity and undue influence.

The Citation is returnable sec. leg.

____________________

[Decree on following page]

[SEE CAPTION AT 1.3.1 ]

DECREE

Now, _____________________ , 20___, upon consideration of the annexed petition, the Appeal of Thomas Morgan, Jr. from the Decree of the Register of Wills dated November 1, 1994, admitting to probate a certain writing dated May 1, 1990, as the Last Will and Testament of Thomas Morgan, Sr., Deceased is sustained. The record is remanded to the Register of Wills, who is directed to grant Letters of Administration to the person or persons entitled thereto.

____________________

[Petition on following page]

[SEE CAPTION AT 1.3.2 ]

PETITION

The petition of Thomas Morgan, Jr., respectfully represents that:

1. Thomas Morgan, Sr. died unmarried on February 15, 1994, a resident of Philadelphia, leaving the following three children to survive him as the persons entitled to his estate under the intestate laws:

Thomas Morgan, Jr.

99 Jones Lane

Philadelphia, Pennsylvania

Sally Morgan

88 Hummingbird Way

Havertown, Pennsylvania

Stephen Morgan

88 Hummingbird Way

Havertown, Pennsylvania

2. Petitioner is a party in interest in the estate of said decedent, entitled to a one-third interest as one of decedent's three children under the intestate laws.

3. A certain writing alleged to be the last Will of decedent and purporting to have been executed May 1, 1990, was admitted to probate by the Register of Philadelphia County as the Last Will and Testament of the decedent on November 1, 1994, and Letters Testamentary thereon granted to John Jones. A copy of the writing dated May 1, 1990 is attached as Exhibit "A."

4. On December 1, 1994, Petitioner filed a Notice of Appeal from the Decree of the Register dated November 1, 1994.

5. Petitioner avers that at the time of execution of said writing, the physical and mental condition of the decedent was greatly impaired by sickness and infirmity, and he was not a person of sound mind, capable of disposing by Will of his estate; and further, said writing was procured by undue influence, duress and constraint practiced upon the decedent by John Jones, named in said writing as one-fourth heir, and by other persons whom Petitioner is at the present time unable to name, but expects to be able to identify in the course of discovery.

6. Decedent, as a consequence of severe and extended physical illnesses, including a stroke which occurred on September 1, 1989, was not of sound mind on May 1, 1990 and lacked testamentary capacity.

7. Decedent, while in a weakened mental and physical condition as set forth above, and also under the influence of medicines and drugs being administered to him, was induced and coerced to execute the writing dated May 1, 1990 by John Jones, who stood in a confidential relationship with decedent, was a stranger to his blood and was instrumental in procuring the writing which named himself as personal representative and a beneficiary of the estate.

8. The names and addresses of all parties in interest other than Petitioner are:

John Jones

33 Milky Way

Philadelphia, Pennsylvania

Sally Morgan

88 Hummingbird Way

Havertown, Pennsylvania

Stephen Morgan

88 Hummingbird Way

Havertown, Pennsylvania

Wherefore, Petitioner prays this Honorable Court to award a citation, under the provisions of Section 764 of the PEF Code, directed to the above-named parties in interest, to show cause why the appeal from the probate of the writing dated May 1, 1990 should not be sustained on the grounds of lack of testamentary capacity and undue influence.

____________________

Thomas Morgan, Jr.

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]