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Home→Tags Declaratory Judgment

Tag Archives: Declaratory Judgment

Ownership of Commissions Determined

In a declaratory judgment action, the Orphans’ Court interpreted and applied the contracts, assignments, and other documents signed by the decedent, the executor, and a claimant against the estate to determine the ownership of commissions payable to an agency that … Continue reading →

Posted in Opinions | Tagged Claims of Creditors, Declaratory Judgment

No Substantial Compliance in Beneficiary Change

Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Declaratory Judgment, Substantial compliance

Revocable Trust Modified by Later Marriage

Declaratory judgment was appropriate to hold that second spouse, who had not elected against will executed before her marriage to the decedent, was entitled to an intestate share of the decedent’s revocable trust which was also executed before marriage, and … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Disclaimers, PEF 2507, PEF 7710.2

Statute of Limitations Raised by Agent Prematurely

Agent under power of attorney was compelled to account, which he did, and then filed an action for declaratory judgment that all actions against him for his agency were barred by the statute of limitations, to which the court dismissed; … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Mootness, Power of Attorney, Venue

Prenuptial Agreement and Dead Man’s Rule

Prenuptial agreement and probated will upheld in declaratory judgment against widow’s claim of modification of prenuptial agreement, because widow did not prove modification through clear and convincing evidence and she is barred from testifying because of Dead Man’s Rule.  Tuscano … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Declaratory Judgment, Modification, Prenuptial Agreement

Trust Construction of “Employment”

In declaratory judgment action involving trust construction regarding the terms “employ,” “employee,” and “employment,” the Court found through clear and convincing evidence that the settlor intended for petitioner to benefit if employed by him at death and petitioner was employed.  … Continue reading →

Posted in Opinions | Tagged Declaratory Judgment, Employ, Trust Construction

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