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Home→Tags Burden of proof

Tag Archives: Burden of proof

Lack of Evidence of Personal Property Taken

Posted on June 2, 2024 by Daniel EvansJune 2, 2024

The executor of the decedent’s estate brought an action in the Orphans’ Court to recover the value of property alleged to have belonged to the decedent from a person who had lived with the decedent, but the court properly granted … Continue reading →

Posted in Opinions | Tagged Burden of proof, Personal effects, Summary judgment

Executor Failed to Produce Evidence of Expenses

Posted on February 25, 2024 by Daniel EvansFebruary 25, 2024

When objections are made to expenses claimed by an executor, the burden is on the executor to provide receipts or other evidence of the purpose and payment of the expenses, and the Orphans’ Court properly surcharged the executor for undocumented … Continue reading →

Posted in Opinions | Tagged Administration expenses, Attorney fees, Burden of proof, Executor commissions, surcharge

Burden of Proof in Will Contest

Will contest alleging lack of testamentary capacity and undue influence was subject to nonsuit when proponent of will introduced self-proving will that had been admitted to probate and objectant failed to call any witnesses, offering only medical records that were … Continue reading →

Posted in Opinions | Tagged Burden of proof, Testamentary Capacity, Undue influence, Will contest

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