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Home→Categories Opinions - Page 65 << 1 2 … 63 64 65 66 67 … 82 83 >>

Category Archives: Opinions

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Surrogacy Contract and Enforceability

Husband and wife contracted with surrogate mother to deliver the baby from  husband’s sperm and a donor’s egg. During the pregnancy, husband and wife separated. The surrogate mother petitioned the court to declare husband and wife as parents of Baby … Continue reading →

Posted in Opinions | Tagged contract enforceability, Legal parents, public policy, Surrogate mother, unconscionability

Interpretation of Shareholders Agreement for Valuation of Company in Account

Executor filed an account valuing two closely held companies by its market value, which means a willing seller to a willing buyer; objectors, two of four residuary beneficiaries, claimed that the shareholder agreement specified a pro rata valuation, meaning dividing … Continue reading →

Posted in Opinions | Tagged Ambiguity, Closely held business, Market value, Parole evidence, Shareholder agreement

Cy Pres Not Applied to Hospital Reorganization

When a hospital becomes part of a larger health care organization, but continues to operate as separate organization at the same location serving the same community, the cy pres doctrine should not be applied to require a pour-over trust and … Continue reading →

Posted in Opinions | Tagged Charitable trusts, Cy pres

Change of Minors’ Placement Goal

Court approved permanency plan with goal of adoption for children who had been removed from home and declared dependent after finding that father, a registered sex offender, had a history of sexual conduct with minors and was not cooperating with … Continue reading →

Posted in Opinions | Tagged Adoption, Parent and child

Declaratory Judgment Interpreting Will

Declaratory judgement entered interpreting handwritten will as granting petitioner a fee simple interest in decedent’s residence, and not a life estate, despite language regarding the sale and distribution of proceeds of sale in the event of petitioner’s death, which were … Continue reading →

Posted in Opinions | Tagged Precatory language, Will interpretation

Charitable Beneficiary no Longer Charitable

Distributions from charitable trust to Green Tree Community Health Foundation approved as successor or substitute for Chestnut Hill Hospital.  Geschick Trust, 5 Fid.Rep.3d 203, No. 1321 ST 1965 (O.C. Phila. 2011). … Continue reading →

Posted in Opinions | Tagged Cy pres

Executor Commissions Determined under Johnson Estate Schedule

Executor commission reduced in accordance with the fee schedule in Johnson Estate, and charitable distributions approved to charities selected by the trustees.  Haffner Estate, 5 Fid.Rep.3d 195 (O.C. Monroe 2015). … Continue reading →

Posted in Opinions | Tagged Executor Commission, Will interpretation

Tenancy by Entireties in Proceeds of Sale of Stock

The proceeds of the sale of stock that had been held by a husband and wife continued to be entireties property in the absence of any contrary provisions of the stock purchase agreement, and so the remaining proceeds were payable … Continue reading →

Posted in Opinions | Tagged Tenancy by entireties

Will Forgery

In an appeal from probate, the court found “without hesitation” that a May 2009 will admitted to probate was forged, because the timeline of the proponent of the will got the weekend of a family gathering wrong, meaning three witnesses … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Credibility, Will forgery

Exercise of Power of Appointment Does Not Create a New Trust

Testator died leaving a trust under her will for her children, creating powers of appointments for each child, and an administrative power, allowing the removal of the corporate trustee with the consent of all income beneficiaries. After the death of … Continue reading →

Posted in Opinions | Tagged Jurisdiciton, Power of appointment, Removal of trustee, Situs of trust

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