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Cardenas v. Schober

Order sustaining defendant's preliminary objections to causes of action relating to defendant's handling of testatrix's will affirmed because documents written by testatrix, evincing her intent to give plaintiffs more than that which was indicated in her probated will, did not constitute an "otherwise valid will," and plaintiffs could not use the documents to claim third party beneficiary status; order dismissing cause of action for intentional interference with an inheritance reversed.

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OPINION

� 1 Two appeals are before this Court from the orders entered in the Court of Common Pleas of Montgomery County on September 14, 2000, and November 16, 2000, sustaining appellee’s preliminary objections to appellants’ amended complaints. Upon review, we affirm the order entered on November 16, 2000, and affirm in part and reverse in part the order entered on September 14, 2000.

� 2 The relevant facts and procedural history follow. This case involves a dispute regarding the will of Eleanor Harper, who died on September 24, 1997. Ms. Harper’s will, dated March 20, 1997, was admitted to probate, and letters testamentary were issued to the executor, appellee, on October 2, 1997. Appellants claim appellee’s actions in his dealings with Ms. Harper denied them inheritance money and personal property. They argue that in July of 1997, Ms. Harper attempted to execute another will leaving appellants Mirales and Gudula Cardenas $80,000.00, and appellant Albert Luecke $60,000.00. They also allege Ms. Harper made handwritten documents leaving personal property to Mirales Cardenas and expected appellee to have these documents drawn up as a new will, and that appellee failed to do so or failed to do so properly. Appellants also allege that appellee hid and/or destroyed some of these documents, and, therefore, none of them could be probated. In the probated will, appellants Mirales and Gudula Cardenas were left $10,000.00, and Albert Luecke was left nothing. Appellee was left Ms. Harper’s home and its contents, along with the residuary of her estate worth $1,500,000.00.

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