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Home→Tags laches

Tag Archives: laches

Revocation of Spousal Election Allowed

The Orphans’ Court did not abuse its discretion in allowing a surviving spouse to revoke her election against her husband’s will three and a half years after the deadline for making the election when the spouse did not have full … Continue reading →

Posted in Opinions | Tagged laches, Spousal Election

Revocation of Assignment of Spendthrift Interests

A beneficiary may revoke an assignment of undistributed interests in a spendthrift trust, and so summary judgment on a petition for declaratory relief is appropriate.   Middleton Trust, 6 Fid.Rep.3 1 (O.C. Montg. 2015) (opinion by Murphy, J.) … Continue reading →

Posted in Opinions | Tagged Equitable estoppel, laches, Pa.R.C.P. 1035.2, Spendthrift clause, Summary judgment

Specific Performance of Option Despite Ten Year Delay

Specific performance of option to purchase real estate was enforced against the estate, notwithstanding delay of more than 10 years from the initial order allowing the exercise of the option and the recording of a lis pendens, the court finding … Continue reading →

Posted in Opinions, uncategorized | Tagged Estoppel, laches, Lis pendens, Specific Performance

Laches and Action Against Agent

An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading →

Posted in Opinions | Tagged Collateral order, laches, Pa.R.A.P. 313, Pa.R.A.P. 341, Pa.R.A.P. 342, PEF 5601.2, PEF 5611, Statute of limitations

Laches Upheld against Administrator for Decedent’s Delay

The defense of laches may bar a claim by the administrator of an estate for claims against the decedent’s agent under a power of attorney when the decedent herself failed to prosecute an action against the agent for nine years, … Continue reading →

Posted in Opinions | Tagged laches, Power of Attorney

Laches in Will Contest Within One Year of Death

Appeal from probate was denied even though the appeal was filed within one year of probate when there was an unexplained delay in the filing of the appeal and the estate was prejudiced by the delay because it was unable … Continue reading →

Posted in Opinions | Tagged Appeal from probate, laches

Co-Executor not Protected by Laches

Co-executor not protected by laches from liability for the other co-executor’s actions because no account was confirmed, neither petitioned for permission to resign, the time that passed was not unreasonable, and the co-executor was not prejudiced by delay.  Loher Estate … Continue reading →

Posted in Opinions | Tagged Co-executors' liability, laches

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