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Trial court's judgment denying appellants' petition to determine survival and to determine persons entitled to distribution of the estate of their grandmother is reversed and remanded where: 1) although the trial court was correct in finding that the will contained no survivorship requirement, it erred in denying appellants' petition on this basis as it did not understand the legal consequences of the lack of survivorship requirement in the will; and 2) the trial court should have held an evidentiary hearing on the issue of testator's son's time of death.
Filed September 9, 2009
Opinion by Judge Haerle
For Appellant: Margaret M. Hand