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Home→Author Daniel Evans - Page 5 << 1 2 3 4 5 6 7 … 118 119 >>

Author Archives: Daniel Evans

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Testamentary Direction to Employ Wife Was Unenforceable

Posted on December 29, 2024 by Daniel EvansDecember 29, 2024

The Orphans’ Court had jurisdiction in a dispute over a provision in a will directing that the testator’s wife “remain on the payroll” of a corporation he controlled, and the dispute did not become moot by reason of the wife’s … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Mootness, Precatory language, Will interpretation

Nonsuit Granted for Lack of Evidence of Undue Influence

Posted on December 25, 2024 by Daniel EvansDecember 25, 2024

It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Discovery, Expert testimony, Undue influence, weakened intellect, Will contest

No Gift of Checks Endorsed in Blank

Posted on December 23, 2024 by Daniel EvansDecember 23, 2024

The issuance of two checks by the decedent payable to himself and endorsed in blank was insufficient to establish gifts to the depositor of the checks when there was no evidence of the relationship between the decedent and the depositor, … Continue reading →

Posted in Opinions | Tagged Constructive trust, Delivery of gifts, Donative intent, Inter vivos gifts

Historical Society Lacked Standing on Museum’s Petition to Deviate

Posted on December 23, 2024 by Daniel EvansDecember 23, 2024

An historical society which had donated artifacts to a museum with rights to notice of any sale of the artifacts, a share of any proceeds of sale of any artifact, and an acknowledgement of its former ownership, did not have … Continue reading →

Posted in Opinions | Tagged Charitable organizations, Standing

Trustee Did Not Abuse Discretion to Allocate Principal to Income under 20 Pa.C.S. § 8104

Posted on December 22, 2024 by Daniel EvansDecember 22, 2024

The decision of the trustee to allocate some principal to income in accordance with 20 Pa.C.S. § 8104 in order to provide the income beneficiary with 3.2% of the three year average of the value of the trust principal was … Continue reading →

Posted in Opinions | Tagged PEF 8104, Principal and Income Act, Prudent Investor Rule

Litigation Settlement Enforced

Posted on December 22, 2024 by Daniel EvansDecember 22, 2024

An agreement to settle litigation is governed by principles of contract law, and an oral agreement among multiple parties may be enforced by the court even though the parties intend to later reduce the contract to writing. The Orphans’ Court … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Oral contract

Ambiguous Trust Interpreted Based on Previous Wills

Posted on December 21, 2024 by Daniel EvansDecember 21, 2024

The Superior Court had previously held that the decedent’s revocable trust was ambiguous and had remanded the case for the consideration of extrinsic evidence of the decedent’s intent, and so reversed the Orphans’ Court when it disregarded the evidence that … Continue reading →

Posted in Opinions | Tagged Extrinsic evidence, Law of the case, Trust interpretation

Amended Guardianship Rules and Forms Effective Immediately

Posted on December 18, 2024 by Daniel EvansJanuary 3, 2025

By an order dated December 18, 2024, the Supreme Court has amended Pennsylvania Rules of Orphans’ Court Procedure 1.8, 2.4, 14.2, 14.3, 14.4, 14.6, 14.7, 14.8, 14.9, and 14.14, rescinded and replaced Form G-01 (citation and notice of guardianship petition), … Continue reading →

Posted in News, Rules and Regs. | Tagged Guardianship

Applicable Federal Rates for 2024

Posted on December 16, 2024 by Daniel EvansDecember 16, 2024

← Previous Year | Current Year | Following Year → HTML Version Copyright 2018- Daniel B. Evans. All rights reserved. — Short Term Rates for 2024 — — Mid Term Rates for 2024 —  — Long Term Rates for 2024 — … Continue reading →

Posted in Rates

Independent Administrator Appointed by Orphans’ Court Following Removal of Initial Administrator

Posted on December 16, 2024 by Daniel EvansDecember 16, 2024

The Orphans’ Court had jurisdiction to appoint an administrator of an estate following the removal of the administrator originally agreed to by the parties and it was not necessary to remand the choice of administrators to the Register of Wills. … Continue reading →

Posted in Opinions | Tagged Jurisdiction, Register of Wills

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