The court in a will contest for undue influence held that the widow of decedent lacked standing to compel an account from the decedent’s agent under power of attorney, because only the principal or the executor of the principal’s estate … Continue reading
Category Archives: Opinions
Issues before the Court in appeal from probate of will contest: (1) does trustee have standing; (2) does subpoena requesting decedent’s legal files violate attorney-client privilege and how should privilege be claimed per document; and (3) were the subpoenas for … Continue reading
Surviving wife held to be sole intestate heir of decedent despite being separated for more than one year, because the court held she did not willfully neglect or maliciously desert. Bortz Estate, 2 Fid. Rep. 3d 342 (O.C. Westm. 2012) … Continue reading
Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing … Continue reading
Court denied petition to enjoin sale of real estate, because in light of all the circumstances the agreement lacked fraud or mistake. Ferrari Estate, 2 Fid. Rep. 3d 325 (O.C. Montg. 2011) (Opinion by McCormick, J.) … Continue reading
In dispute between co-executors as to the commission of one of the co-executors, who did little work and whom the other executor proposed giving no commission, Court awarded objecting co-executor 1% of the gross estate ($2,377,716), because to disallow would … Continue reading
Court denied petition of guardian for sale of 43 acres after son opposed sale, because (i) the Court already approved sale of second property with house and (ii) the 43 acres includes a cellphone tower lease for $1300 per month … Continue reading
In objection to account, Court found that auctioneer did not present clear and convincing evidence of a contract, because writing violated statute of frauds. Zimmerman, Estate of A. Jeanette, 2 Fid. Rep. 3d 314 (O.C. Clinton 2012) (Opinion by Cherry, … Continue reading
In declaratory judgment action involving trust construction regarding the terms “employ,” “employee,” and “employment,” the Court found through clear and convincing evidence that the settlor intended for petitioner to benefit if employed by him at death and petitioner was employed. … Continue reading
An agent under a durable power of attorney cannot sign a testamentary document for a principal, so a codicil that is not signed at the direction of the testator is accordance with 20 Pa.C.S. 2502(3) is not valid and will … Continue reading