Petition to the Orphans' Court Division to Show Cause Why the Action of the Register in Admitting to Probate a Certain Will Should Not Be Set Aside and a Later Will Admitted to Probate

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 Dunn to show cause why the Appeal from the Decree from the Register of Wills admitting to probate the writing dated August 1, 1990 should not be sustained and the Decree of the Register of Wills be opened to permit the Register to receive and act upon a Petition for probate of a later writing, dated September 1, 1994, as the Will of the decedent.

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, and following a hearing thereon at which just cause was shown, it is hereby ORDERED and DECREED that the Appeal from Probate is sustained and the Letters Testamentary granted on the Will dated August 1, 1990 are revoked and the Register of Wills is directed to open the probate record to receive the later Will dated September 1, 1994 to probate.

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[Petition on following page]

[SEE CAPTION AT 1.3.2 ]

PETITION

The petition of James Dunn respectfully states that:

1. Petitioner is the nephew of Joseph B. Dunn who died on January 1, 1995, a resident of Philadelphia, Pennsylvania.

2. A writing dated August 1, 1990, a copy of which is attached as Exhibit "A," was admitted to probate by the Register of Wills of Philadelphia County as the Will of decedent on February 1, 1995 and Letters Testamentary were granted to John Dunn.

3. More than three months following the grant of letters on February 1, 1995, Petitioner discovered a later Will dated September 1, 1994, a copy of which is attached as Exhibit "B."

4. Petitioner is named in the Will dated September 1, 1994, as the executor and sole beneficiary.

5. On June 1, 1995, Petitioner filed an appeal from the decree of the Register, and filed a bond with the Register as required by Section 908(b) of the PEF Code; the record of proceedings before the Register has been duly certified to this Court.

Wherefore, Petitioner respectfully requests that a citation be awarded, directed to John Dunn, to show cause why the appeal from the decree of the Register of Wills admitting to probate the writing dated August 1, 1990 should not be sustained and the decree of the Register of Wills be opened to permit the Register to receive and act upon a petition for probate of a later writing, dated September 1, 1994, as the Will of the decedent.

____________________

James Dunn

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]