In a contract allegedly signed by the decedent for the purchase of real estate, a provision for “liquidated damages” of 50% of the contract price is unenforceable as a penalty, and a motion by the executor to dismiss an objection asserting a claim for liquidated damages was granted. A motion to dismiss another objection, asserting a claim for unpaid rent, was granted in part because the decedent had not signed the lease and the apartment was occupied by the decedent’s son and not the decedent. Mulligan Estate (No. 1), 2 Fid.Rep.4th 252 (Montgomery O.C. 2023).

[The lease claim was finally dismissed in Mulligan Estate (No. 2), 2 Fid.Rep.4th 259 (Montgomery O.C. 2023), app. pend. 1912 EDA 2024 (Pa. Super.). An opinion on the imposition of counsel fees against the claimants can be found in Mulligan Estate (No. 3), 2 Fid.Rep.4th 280 (Montgomery O.C. 2024), app. pend. 1912 EDA 2024 (Pa. Super.).]