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County, Pennsylvania (the court of common pleas), seeking damages
for fraudulent conversion (count I), unjust enrichment (count II),
and breach of fiduciary duty (count III). The complaint alleged
that Ms. Hurley and Mr. Ross misappropriated up to $2.5 million
from decedent.
On October 6, 1993, the Glovers filed a petition with the
Orphans’ Court appealing the decision of the register of wills to
probate the 1989 will. The Glovers argued that the 1989 will
should not have been probated for the following reasons: (1) Ms.
Hurley and Mr. Ross fraudulently induced decedent to sign the will;
(2) Ms. Hurley and Mr. Ross exercised undue influence over decedent
in connection with the will; (3) because of decedent’s physical and
mental state, decedent did not have the capacity to understand the
provisions of the will; and (4) decedent was unaware of several
significant facts (namely, the misappropriation by Ms. Hurley and
Mr. Ross) which would have changed the dispositions decedent made
in her will.
The civil action filed by the administrators pro tem. and the
Glovers’ appeal were consolidated for trial and opinion in the
Orphans’ Court Division of the court of common pleas on November
19, 1993.
On April 5, 1994, Ms. Hurley filed her account of the estate
with the Orphans’ Court. On April 6, 1994, the administrators pro
tem. filed objections to Ms. Hurley’s account. The administrators
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