Estate of: I. Wilner Pet of: Baker, L.
This text of 127 A.3d 1286 (Estate of: I. Wilner Pet of: Baker, L.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
AND NOW, this 26th day of November, 2014, the Petition for Allowance of Appeal is GRANTED. The issue is:
Whether this Court should accept jurisdiction to determine if it should overrule the rigid application of the irrebutable “two witness” rule, particularly in cases where a disinterested scrivener, an officer of the [cjourt, testifies credibly concerning the contents of the [w]ill and where[,] based on the overwhelming evidence in the case as determined by the trier of fact[,] application of the rule would create the very injustice that it was intended to avoid[,]
Petitioner’s Application for Leave to File a Reply to Answer to address her standing in this matter is DENIED, as respondent waived the issue of petitioner’s standing by failing to raise it in the Superior Court. See Pa.R.A.P. 302(a); In re Condemnation by Urban Redevelopment Authority of Pitts burgh, 590 Pa. 431, 913 A.2d 178, 181 n. 6 (2006) (noting standing in Pennsylvania is nonjurisdictional and therefore waivable (citation omitted)).
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Cite This Page — Counsel Stack
127 A.3d 1286, 633 Pa. 690, 2014 Pa. LEXIS 3130, 2014 WL 10754481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-i-wilner-pet-of-baker-l-pa-2014.