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Home→Tags Law of the case

Tag Archives: Law of the case

Ambiguous Trust Interpreted Based on Previous Wills

Posted on December 21, 2024 by Daniel EvansDecember 21, 2024

The Superior Court had previously held that the decedent’s revocable trust was ambiguous and had remanded the case for the consideration of extrinsic evidence of the decedent’s intent, and so reversed the Orphans’ Court when it disregarded the evidence that … Continue reading →

Posted in Opinions | Tagged Extrinsic evidence, Law of the case, Trust interpretation

Conveyance of Real Estate Set Aside for Self-Dealing

Posted on February 26, 2023 by Daniel EvansOctober 23, 2023

The Orphans’ Court had the power to set aside a conveyance of real estate by the executor after his removal from office as a remedy for self-dealing, and not a surcharge, and under the doctrine of “the law of the … Continue reading →

Posted in Opinions | Tagged Law of the case, Self-dealing

Previous Ruling not Re-Examined

A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading →

Posted in Opinions | Tagged laches, Law of the case, Statute of limitations

Charitable Beneficiary’s Name Change

Objections to account: 1/5 charitable distrubutee from trust changed name, but Court holds that the entity was not discontinued and kept same identity, meaning it remained a distrubutee. Law of the case not relied on because of different circumstances.  Umble … Continue reading →

Posted in Opinions | Tagged Account, Chartiable beneficiary, Law of the case, Objections

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