The intervenors were initially allowed to join in the litigation only for the purpose of determining whether the person with whom they had reached a settlement agreement was validly serving as the trustee of the trust, and it was an … Continue reading
Category Archives: Opinions
The attempt by the beneficiaries to change the situs of a trust which was the subject of litigation was properly disregarded by the Orphans’ Court, even though the trust document specifically allowed the beneficiaries to change the situs, because under … Continue reading
The death of the trustee during the appeal of her removal made the appeal moot. The order of the court prohibiting other persons from transferring or dissipating assets was an injunction issued sua sponte and was an abuse of discretion … Continue reading
It was reversible error for the Orphans’ Court to adopt the report of the auditor of the account of the guardian of the estate of the decedent without first giving the parties notice of the filing of the report, as … Continue reading
The power of the decedent’s agent to “engage in banking and financial transactions” included the power to liquidate certificates of deposit that were “Totten trusts” with beneficiary designations in favor of the appellant, and the appellant failed to adequately develop … Continue reading
The decedent’s former wife and her sister had lent large amounts of money to the decedent for his support, and there were written communications sufficient to show an oral contract for enforceable claims against the decedent which were not barred … Continue reading
The Orphans’ Court awarded legal fees to an executor against a beneficiary who had impeded the executor in his attempts to recover property of the decedent in the possession of the beneficiary, but the court allowed only about ten percent … Continue reading
A photocopy of an alleged contract between a husband and wife not to change their wills was properly ruled to be inadmissable as evidence under the “best evidence rule” of Pa.R.E. 1002 because there was a “genuine issue” as to … Continue reading
An action for divorce did not automatically abate upon the death of one spouse because grounds for divorce had been established. The trial court properly allowed a petition for abatement under 20 Pa.C.S. § 3375 because it was not a … Continue reading
The Orphans’ Court properly concluded that there were no less restrictive alternatives for an alleged incapacitated person, and that a plenary guardian of his person and estate were necessary, when the alleged incapacitated person was shown to be suffering from … Continue reading