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In re Estate of Vanoni

Admission of will to probate reversed; because of the adjudication of incapacity that had been made close to time of second will's execution, beneficiary of second will had burden of proving that decedent had testamentary capacity at time he executed second will; evidence relied upon by court was insufficient to establish, by clear and convincing evidence, decedent's testamentary capacity.

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� 1 This appeal has been taken from the order entered by the Chester County Orphans’ Court en banc, which dismissed the exceptions and thereby rejected the appeal of appellants, Barry K. Vanoni and Irene D. Ewaka, from the admission to probate of the September 4, 1996 will (“1996 will”) of Anton Vanoni (“decedent”). We are constrained to reverse.

� 2 Anton Vanoni died on May 17, 1997, two years after the death of his wife on February 12, 1995. On June 16, 1992, the decedent had executed a will (“1992 will”) which benefited his wife, and, if she predeceased him, his son and daughter. The decedent, who was 91 years old at the time of his death, is survived by his son and daughter, appellants herein, and a grandson. This appeal focuses upon the events between the death of the decedent’s wife and his own demise over twenty-seven months later, specifically:

April 25, 1995 The distinguished Judge Lawrence E. Wood, after a hearing, enters an order which (1) finds, pursuant to 20 Pa.C.S. � 5512.1 (“Determination of incapacity and appointment of guardian”), that decedent’s capacity to make and communicate decisions is impaired due to “senility & dementia, resulting in obvious paranoia,” and that decedent’s “ability to make sensible decisions is impaired,” although his “ability to communicate is relatively intact”, and (2) appoints First National Bank of West Chester as plenary guardian of decedent’s estate, and appellant Ewaka as limited guardian of the decedent’s person.

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