Dismissal of Answer and New Matter Is Not Appealable

In an action relating to the appointment of a trustee and change of situs of an irrevocable trust, the order of the Orphans’ Court sustaining preliminary objections to an answer and new matter filed by the settlor of the trust, finding that the settlor had no standing, was not a final order and was not otherwise appealable. Trust of John S. Middleton, 2449 EDA 2022 (Pa. Super. 3/21/2024) (non-precedential), quashing appeal from 12 Fid.Rep.3d 543 (Montgomery O.C. 2022) (see “Settlor Lacked Standing in Litigation over Trust“).

[3/26/2024 Note: The original version of this summary failed to identify which of two similar actions were the subject of the appeal. For a published Superior Court opinion addressing the same issues with the same settlor, but a different trust, see “Dismissal of Answer and New Matter for Lack of Standing Was Not Appealable“.]

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