Appeal of probate dismissed, because decedent had testamentary capacity and no undue influence existed, because decedent understood the bounty of his estate, its disposition, and no party influenced the decedent’s new will. Evans Will, 2 Fid. Rep. 3d 421 (O.C. … Continue reading
Category Archives: Opinions
Executor’s commission reduced, trustee removed, and attorney’s fee reduced, because the executor advanced commission for work not yet done, did not keep hours, and estate was not complicated. Butler Estate and Trust, 2 Fid. Rep. 3d 402 (O.C. Phila. 2012) … Continue reading
Will set aside on appeal of probate, because of lack of testamentary capacity and undue influence, when decedent signed will directly after surgery. Ehrhardt Will, 2 Fid. Rep. 3d 412 (O.C. Monroe 2011) (Opinion by Miller, J.) … Continue reading
Court denied specific performance for real property, because the written contract was not with decedent or decedent’s agent, and oral contract with equitable consideration for possession and improvement to property does not amount to specific performance in this case, because … Continue reading
Court decided in declaratory judgment that widow’s notice of claim against decedent’s estate had merit under prenuptial agreement, pertaining to payment of mortgage and substitute payments for reduced salary, using contract construction. Campbell Estate (No. 1), 2 Fid. Rep. 3d … Continue reading
Nonsuit granted in will contest for fraud and undue influence, because contestant did not establish with a clear and convincing evidence that the decedent’s lack of English skills did not affect mental state for undue influence, when decedent was a … Continue reading
The Court allowed for payment of widow’s attorney fees against estate under prenuptial agreement, which was a hybrid agreement of half hourly rate plus 20% recovered, but Court reduced attorney fees to full hourly rate plus $75,000. Campbell Estate (No. … Continue reading
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
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