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
Category Archives: Opinions
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
The Orphans’ Court was justified in imposing counsel fees to an estate for “vexatious, arbitrary, and obdurate” conduct by claimants when the claims were for an unconscionable and unenforceable penalty clause in a contract and for rent under a lease … Continue reading
Florida was the proper jurisdiction to probate the will of the decedent, and not Pennsylvania, when the decedent was physically present in Florida for the last years of his life, had obtained a Florida driver’s license, had registered to vote … Continue reading
The trustee’s final account showed that the $10 million life insurance policy owned by the trust lapsed when the obligation of the employer to pay premiums under the split dollar agreement ended, the cash surrender value of the policy was … Continue reading
The authenticity of a lease was denied, and claims against the estate based on the lease were dismissed, when there were inconsistencies in both the signature of the decedent and among the pages of the lease. Mulligan Estate (No. 2), … Continue reading
Preliminary objections to a second amended complaint against the plaintiff’s brother, individually and as administrator of their father’s estate, were upheld and the complaint dismissed with prejudice when there were erroneous legal conclusions and insufficient factual allegations, and the issues … Continue reading
In a contract allegedly signed by the decedent for the purchase of real estate, a provision for “liquidated damages” of 50% of the contract price is unenforceable as a penalty, and a motion by the executor to dismiss an objection … Continue reading
Real properties were transferred from parent to two children (some of the properties passing by disclaimers) in order to avoid environmental claims, with an oral promise to retransfer to the parent upon his request. After the children failed to retransfer … Continue reading
The appeal from the court’s order approving the sale of the decedent’s residence should be quashed because the appellant’s “concise statement of errors” does not specify which order is being appealed, and the “rambling” statement failed to set forth any … Continue reading