The Orphans’ Court had subject matter jurisdiction over a complaint alleging that changes in a public park violated the Donated Property Act, the Inalienable Property Act, and the Environmental Rights Amendment. In re: Preservation of FDR Park, ___ A.4th ___, … Continue reading
Tag Archives: Jurisdiction
After previously finding that it had no jurisdiction over the administration of the estate of a decedent who had established his domicile in Florida before his death, the Orphans’ Court also found it had no jurisdiction over challenges to actions … Continue reading
The Orphans’ Court did not have the power to approve by-laws or a board of directors for a nonprofit corporation operating as a church following the death of the founder and sole incorporator of the church when there were no … Continue reading
The word “situs,” from the Latin for “position” or “location,” is often used in connection with three different issues: which state’s courts have jurisdiction over the administration of the trust, which state’s laws govern the interpretation or administration of the...
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The Orphans’ Court had jurisdiction in a dispute over a provision in a will directing that the testator’s wife “remain on the payroll” of a corporation he controlled, and the dispute did not become moot by reason of the wife’s … Continue reading
An agreement to settle litigation is governed by principles of contract law, and an oral agreement among multiple parties may be enforced by the court even though the parties intend to later reduce the contract to writing. The Orphans’ Court … Continue reading
The Orphans’ Court had jurisdiction to appoint an administrator of an estate following the removal of the administrator originally agreed to by the parties and it was not necessary to remand the choice of administrators to the Register of Wills. … Continue reading
An Orphans’ Court in Pennsylvania did not have jurisdiction to consider claims arising from the estate and trusts of a Florida resident when the estate and trusts were the subject of a settlement agreement in Florida that was binding upon … Continue reading
The Orphans’ Court of Philadelphia County had jurisdiction to determine the proper distribution of the proceeds of a wrongful death action brought in Delaware County when the Court of Common Pleas of that county had ordered that the proceeds be … Continue reading
A petition for the appointment of a guardian for an alleged incapacitated person (AIP) was dismissed without prejudice under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, 20 Pa.C.S. 5901 et. seq., even though the AIP had recently voted … Continue reading