The Appellate Court Procedural Rules Committee has proposed changes to the Rules of Appellate Procedure that would require the notice of appeal in an appeal from the Orphans’ Court to specifically state that it is an Orphans’ Court appeal, which … Continue reading
Tag Archives: Pa.R.A.P. 342
Orphans’ Court decree that authorized the sale of real estate was immediately appealable under Pa.R.A.P. 342(a)(6) and so the failure to appeal was a waiver of any right to a later appeal. Krasinski Estate, 40 WAP 2018 and 41 WAP … Continue reading
Order allowing a “private auction” of real estate among the beneficiaries of the estate was an order that determined an interest in real property within the meaning of Pa.R.A.P. 342(a)(6), so that it was appealable as of right and the … Continue reading
The Orphans’ Court properly found that the burden of proof was on the surviving wife, as the surviving owner of property conveyed to her and the decedent by the decedent in a 2006 deed, as to whether the deeds to … Continue reading
An order authorizing the sale of real estate was not appealable under Pa.R.A.P. 342 because the objecting beneficiaries had no interest in the real estate, and was not an appealable collateral order under Pa.R.A.P. 313 because the objecting beneficiaries had … Continue reading
An order of an Orphans’ Court denying an injunction against a personal representative prohibiting a sale of real or personal property of the decedent is interlocutory and not a collateral order and so not subject to appeal. Estate of Virginia … Continue reading
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