Objection to notice of intention to serve subpoenas on medical providers was denied even though the subpoenas covered time periods not relevant to whether the decedent had testamentary capacity, but a motion for a protective order was granted and the … Continue reading
Category Archives: Opinions
After being removed as executor, the former executor was held in contempt for failing to turn over the assets and records of the estate to the successor executor, for failing to file an account of her administration of the estate, … Continue reading
A denial of a motion for recusal is an interlocutory order not subject to appeal. It is also not error for a judge to preside at the hearing on the recusal motion, for the judge to refuse to allow himself … Continue reading
The Philadelphia Orphans’ Court had no jurisdiction in a dispute over the burial of the decedent because the decedent was not domiciled in Pennsylvania and owned no property in Philadelphia, the decedent died outside of Pennsylvania, the decedent’s body was … Continue reading
In an action by the estate of a beneficiary of a trust and the charitable organization to which she attempted to appoint her share of the trust against the trustees for breach of fiduciary duty for failing to create a … Continue reading
The class of grandchildren “been so named [Morris]” included those grandchildren who as adults legally changed their names to include “Morris” as a middle name and the testator’s use of the passive voice did not imply that the grandchildren must … Continue reading
The claimant against the estate was barred by the Dead Man’s Act from testifying about the formation, terms, or performance of an alleged oral contract with the decedent and, in the absence of any other testimony or documentary evidence of … Continue reading
Both children removed as executors of parents’ estates when the executors had failed to sell or distribute the sole remaining property of one of the estates after more than 10 years, there was hostility between the executors, and one of … Continue reading
A residuary beneficiary is entitled to notice of the filing of a petition to remove the executor of the estate, and notice of the hearing on the petition. The order of the Orphans’ Court removing the executor and ordering the … Continue reading
A sale of real property that had been specifically devised was approved when the estate was otherwise without sufficient funds to pay debts and expenses, and the offer made by the devisee was “woefully inadequate” compared to the price under … Continue reading