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Home→Tags Pa.R.A.P. 342

Tag Archives: Pa.R.A.P. 342

Decree for Sale of Property is Appealable

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 →

Posted in Opinions | Tagged Appealability, Pa.R.A.P. 342

Appeal of Private Auction

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 →

Posted in Opinions | Tagged Appealability, Fiduciary income tax, Judicial notice, Pa.R.A.P. 342

Effect of Unrecorded Deed; Appeal from Probate of Photocopy of Will

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 →

Posted in Opinions | Tagged Collateral estoppel, Lost wills, Pa.R.A.P. 342, Res judicata, Unrecorded deed

Order Authorizing Sale of Real Estate Not Appealable

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 →

Posted in Opinions | Tagged Pa.R.A.P. 313, Pa.R.A.P. 342, Petition to Sell Real Property

Appeal of Order Denying Injunction against Sale of Property is Interlocutory

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 →

Posted in Opinions | Tagged Pa.R.A.P. 342

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

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