DocketNumber： 390 MAL 2014 (Granted)
Citation Numbers： 127 A.3d 1286, 633 Pa. 690, 2014 Pa. LEXIS 3130
Judges： Per Curiam
Filed Date： 11/26/2014
Status： Precedential
Modified Date： 11/13/2024
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT ESTATE OF: ISABEL WILNER, : No. 390 MAL 2014 DECEASED : : : Petition for Allowance of Appeal from the : Order of the Superior Court : PETITION OF: LINDA BAKER : ORDER PER CURIAM 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 [c]ourt, 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 Pittsburgh,913 A.2d 178
, 181 n.6 (Pa. 2006) (noting standing in Pennsylvania is nonjurisdictional and therefore waivable (citation omitted)).