The claimant against the estate was barred by the Dead Man’s Act from testifying about the formation, terms, or performance of an alleged oral contract with the decedent and, in the absence of any other testimony or documentary evidence of … Continue reading
Tag Archives: Dead man’s rule
In a challenge to a transfer of the decedent’s residence during the decedent’s lifetime that was made to the decedent’s daughter by the agents under the decedent’s power of attorney, the brother of the transferee, who was also a co-agent, … Continue reading
The document offered as a codicil to the decedent’s will was allegedly signed by the decedent in the hospital two days before her death and was denied probate by the Register of Wills. Based on the contents of the document … Continue reading
There was sufficient independent corroborating evidence of donative intent but insufficient evidence of delivery of the alleged gifts by the decedent, and so the donee was barred from testifying by the Dead Man’s Act. Benson Estate, 12 Fid.Rep.3d 229 (Lycoming … Continue reading
For a series of cases in involving a series of car collisions, the cases in which a decedent’s estate is a party will not be consolidated with the other cases because of the possibility that the Dead Mans’ Act could … Continue reading
Addressing a series of inter-related in limine motions and motions for summary judgment, the court held that: Although a party with an interest adverse to the estate may be barred from testifying under the Dead Man’s Act, the spouse of … Continue reading
In the absence of independent testimony to the delivery of lifetime gifts, the wife’s interests in the alleged gifts was adverse to the decedent and so her testimony as to the gifts was barred by the Dead Man’s Act. In … Continue reading
In a proceeding by the executor to recover assets allegedly taken from the estate, beneficiaries claiming interests in the contested assets have standing to object to intervention by a creditor, and the creditor will not allowed to intervene when the … Continue reading
Decedent lived with neighbors due to health issues, and they cared for him, but claims for the value of the neighbors’ services were denied as requiring speculation as to the intent of the decedent, the time spent by the neighbors, … Continue reading
In action against agent, former beneficiary of retirement account had standing to object to change of beneficiary designation by agent. Because the action was against the agent individually, and not the decedent’s estate, the Dead Man’s Rule will not apply. … Continue reading