J-A01039-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 BARBARA ROSMARIN, EXECUTRIX : IN THE SUPERIOR COURT OF FOR THE ESTATE OF GENE BARCLAY : PENNSYLVANIA ROSMARIN : : Appellant : : : v. : : No. 1132 EDA 2017 : LAKPA YANJI SHERPA : Appeal from the Decree March 3, 2017 In the Court of Common Pleas of Bucks County Orphans' Court at No(s): 2014-E0441 BEFORE: LAZARUS, J., OTT, J., and PLATT, J. MEMORANDUM BY OTT, J.: FILED AUGUST 20, 2018 Barbara Rosmarin1, Executrix of the Estate of Gene Barclay Rosmarin (Executrix), appeals from the decree entered March 3, 2017, in the Court of Common Pleas of Bucks County, that denied her petition and “order to show cause” filed against Lakpa Yanji Sherpa, wife of Gene Barclay Rosmarin (Decedent). Specifically, the orphans’ court’s decree denied Executrix’s “Petition to (1) Strike Lakpa Sherpa’s Claim to be Recognized as Decedent’s Surviving Spouse because the Alleged Marriage between Lakpa Sherpa and the Decedent is Fraudulent and therefore Void under 23 Pa.C.S.A. § 3304(a)(3)[,] and (2) Strike Lakpa Sherpa’s Claim Against Decedent’s Estate ____________________________________________ Retired Senior Judge assigned to the Superior Court. 1 In the orphans’ court, Rosmarin’s surname is Nolan. J-A01039-18 Pursuant to 20 Pa.C.S.A. § 2507(3) because Decedent’s Last Will and Testament was Drafted in Contemplation of his Future Marriage to Lakpa Sherpa,” as well as Executrix’s “Order to Show Cause,” requesting the orphans’ court to strike Lakpa Sherpa’s spousal share claim pursuant to the doctrine of unclean hands.2 In this appeal, Executrix presents multiple issues, discussed below, in support of her contention that the orphans’ court erred in its determination that Sherpa is entitled to pursue her spousal share of Decedent’s estate. We affirm on the basis of the orphans’ court’s sound opinions, filed March 7, 2017, and May 26, 2017. The orphans’ court has fully set forth the facts and procedural history of this case in both opinions, and we need not reiterate the background herein. We simply state that Executrix is the ex-wife of Decedent. Decedent died testate on June 10, 2014, having executed a Will, dated April 9, 1998. Following his 1996 divorce from Rosmarin, Decedent married Sherpa in Nepal in 2008, and he then returned to the United States. On January 22, 2014, Sherpa entered the United States as a lawful permanent resident. Decedent did not execute another will after his marriage to Sherpa. ____________________________________________ 2 In the orphans’ court, Executrix withdrew her attempt to strike Sherpa’s spousal share claim pursuant to 20 Pa.C.S. § 2507(3). See Orphans’ Court Opinion, 3/7/2017, at 2. -2- J-A01039-18 On August 8, 2014, Executrix was granted Letters Testamentary. Sherpa filed a spousal election against Decedent’s Will on January 18, 2014. Subsequently, Executrix filed the above-mentioned petition and order to show cause. Following entry of the orphans’ court’s March 3, 2017 decree, Executrix filed this appeal. Executrix presents nine claims in her brief, as follows: 1. Is it an abuse of discretion to go against the weight of the evidence ...
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