Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary. After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading
Category Archives: Opinions
Archdiocese of Philadelphia petitioned court to allow rental of church cemeteries to third party company. Court concluded that it had jurisdiction to approve contracts for cemeteries outside of its county, and that rental agreement did not constitute a diversion of … Continue reading
Son of decedent petitioned for probate in Philadelphia, Pennsylvania, on 11 August 2011 with a 2010 will, and husband of decedent filed a petition for administration in the probate court of Palm Beach County, Florida, on 24 August 2011 with … Continue reading
Court involuntarily terminated parental rights of mother for two children, each with a different father, because mother has substance abuse problems and was derelict in her parental care of both children for more than 6 months prior to petition to … Continue reading
After adopted daughter of beneficiary of a trust petitioned court to determine whether she qualified as a beneficiary, and other beneficiaries opposed petition, the court denied the petition of the adopted daughter, because daughter was adopted at 23 and no … Continue reading
Husband of income beneficiary received trust income for 3 years after the death of the income beneficiary, individual trustee’s law firm received trustee commissions for 8 years after the death of the individual trustee, and corporate trustee received trustee commissions … Continue reading
Individual, living in Lake County, Ohio, was adjudicated incapacitated and then moved to Delaware County, Pennsylvania, where her daughter petitioned the Orphans’ Court for adjudication of incapacity and appointment of a plenary guardian; the Orphans’ Court of Delaware County, applying … Continue reading
Widow was equitably estopped from claiming a share of the proceeds of a survival action different from the share claimed by the widow in her petition that was previously approved for settlement of the action and allocation of the proceeds. Neacosia … Continue reading
Dead Man’s Act applies to bar testimony of beneficiaries claiming interest in annuity contract, and was not waived by allegations by executor that beneficiaries had used undue influence over the decedent. Applying principles similar to those that apply to wills, … Continue reading
In dispute with estate over ownership of watch, the person in possession of the watch cannot testify as to the alleged gift because of the Dead Man’s Act, but the mother of the alleged donee can testify. Jamack Estate v Reis, … Continue reading