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Home→Tags Clear and convincing evidence

Tag Archives: Clear and convincing evidence

Will Forgery Proved

Posted on January 27, 2025 by Daniel EvansJanuary 27, 2025

In an appeal of a will contest alleging forgery, the appellant waived objections to the propriety of the Orphans’ Court relying on samples of the decedent’s signature that were not formally moved into or admitted into evidence because the court … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Forgery, Motion for reconsideration, Will contest

Will Forgery Not Proven

Posted on February 23, 2024 by Daniel EvansOctober 27, 2024

The lack of any testimony from a handwriting expert, together with the “imprecise” testimony of children who were disinherited, did not amount to clear and convincing evidence of forgery, and was credibly refuted by the scrivener who testified to the … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Forgery

Evaluating Testimony of Witnesses

In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Donative capacity, weakened intellect

Oral Prenuptial Agreement Enforced

An oral prenuptial agreement may be established by clear and convincing evidence, and the court found credible the wife’s testimony that there was an agreement that she would have an interest in the marital residence based on her use of … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Prenuptial Agreement

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