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
Category Archives: Opinions
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
It was not an abuse of discretion for the Orphans’ Court to deny a petition for counsel fees from the petitioners and guardians of the alleged incapacitated person when there was no evidence presented as to the ability of the … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny two post-hearing motions that sought to add documents to the record, and to request a new evaluation of the incapacitated person, when the issues being addressed by … Continue reading
Lease signed by agent for trustees as owners of the property was invalid because the power of attorney did not have the notice required by 20 Pa.C.S. § 5601(c) or the acknowledgement of the agent required by 20 Pa.C.S. § … Continue reading
The petitioner alleged that the decedent had entered into a contract with her husband not to change their wills, but the lawyer who was alleged to have written the contract had no record or recollection of preparing the contract, the … Continue reading
The trustees of a trust for the lifetime benefit of the decedent made discretionary distributions to the decedent for which the decedent signed agreements indemnifying the trustees. Following the death of the decedent, the remainder beneficiaries sued the trustees, and … Continue reading