The rules of construction for lapsed legacies which are found at 20 Pa.C.S. § 2514(9), (10), and (11) apply only to individuals and so are not relevant to the cy pres doctrine, which the Orphans’ Court properly applied in directing … Continue reading
Category Archives: Opinions
Trustee of terminating trust had proposed distribution directly to a public school, rather than to a trustee for the school, believing that the costs of administering the trust would outweigh the benefits of the trust, but the Attorney General objected … Continue reading
Fees of guardian and her counsel were approved over objections of the trustee of the ward’s revocable trust in Florida, the request for counsel fees by the trustee were denied, and the guardian was granted permission to submit a new … Continue reading
Son was allowed to intervene in litigation which his deceased father had begun over the validity of a trust allegedly created by the father, even though the son’s interests as a beneficiary under his father’s will were protected by the … Continue reading
Order allowing a “private auction” of real estate among the beneficiaries of the estate was an order that determined an interest in real property within the meaning of Pa.R.A.P. 342(a)(6), so that it was appealable as of right and the … Continue reading
Guardian who was found to have engaged in acts of self-dealing and was removed as guardian, and whose account showed that funds were paid to the guardian and to possibly fictitious third parties without explanation, was denied any compensation as … Continue reading
Decedent’s will contained only one bequest, to his brother of the “real estate interest” in the bar the decedent co-owned with his brother. Because the will had no residuary clause, the bar was in a leased property which the decedent … Continue reading
Trust created by agent under power of attorney was invalid because the agent failed to preserve the principal’s estate plan, the principal having no will and the trust benefiting only three of the principal’s seven children. Estate of Gloria G. … Continue reading
As a co-agent with her husband, a wife had a duty to the principal to act on her knowledge of her husband’s actions to protect the principal from theft and fraud by the husband as co-agent, and is therefore jointly … Continue reading
The Orphans’ Court had the power to change the will of an incapacitated person and substitute its judgment for that of the incapacitated person even though changes to an incapacitated person’s will are not among the specific powers listed in … Continue reading