Auditor’s report was affirmed, and objections dismissed, that (a) approved the trustees’ liquidation of some family businesses, notwithstanding precatory language expressing desire that businesses continue under the management and control of testator’s immediate family, (b) relied upon previous findings of … Continue reading
Category Archives: Opinions
Petitioner presented sufficient evidence to show reasonable cause to believe that genetic testing would assist in a determination of paternity, and expert testimony to establish that exhumation of the decedent would provide viable tissue samples for DNA testing. Fox Estate, … Continue reading
Surviving spouse, with a limited power of appointment over marital trust, exercised such appointment to the exclusion of one of her three children, to which the excluded child objected, because the surviving spouse had acted in bad faith and did … Continue reading
In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts … Continue reading
The Superior Court, sitting en banc, has reversed the Orphans’ Court of Delaware county in deciding which was the measuring life for purposes of the rule against perpetuities as applied to a 1931 trust under the will of George McFadden. … Continue reading
An appeal from the probate of an undated will was denied without prejudice to the filing of a new petition when a later will has been discovered. Williams Estate, 4 Fid.Rep.3d 344 (O.C. Phila. 4/21/2014). … Continue reading
Preliminary objections upheld, because a party who has been held to lack standing to contest a will also lacks standing to claim an interest in estate assets. Ciuccarelli Estate, 4 Fid.Rep.3d 335 (O.C. Phila. 5/21/2014), aff’d 1251 EDA 2014 (Pa.Super. … Continue reading
Surcharge for administration of estate for 18 years denied when real property held by estate was farmed and productive, there was litigation over condemnation of part of the property, there were disagreements among the beneficiaries over whether to sell or … Continue reading
Change of situs of a testamentary trust was denied under 20 Pa.C.S. § 7708(c) when all qualified beneficiaries and one trustee consented to the change but one trustee did not consent, but change approved under § 7708(g) when the court … Continue reading
Person designated as “executor of my estate and insurance” was the trustee who was the life insurance beneficiary described as “trustee(s) or successor(s) as provided in last will” when the will included specific bequests of life insurance proceeds even though … Continue reading