Agent Acted at Direction of Principal

Although the appellant had failed to file a timely Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal even though appellant’s counsel being personally advised by the Orphans’ Court that an order was being signed allowing an extension of time to file the statement, and so appellant had waived his claims on appeal, the Superior Court held that the Orphans’ Court had not abused its discretion, and had committed no error of law, in refusing to order the return of real property conveyed by an agent to himself when there was no challenge to the capacity of the decedent and the uncontradicted evidence was that the decedent had directed the agent to make the conveyance, rather than the decedent making the conveyance, as a matter of convenience to the decedent. In re: Estate of Bernard D. Rush, 2023 PA Super 185, ___ A.3d ___ (9/26/2023), aff’g1 Fid.Rep.4th 143 (Washington O.C. 2022) (see “Decedent Approved Sale of Real Estate“).

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