It was reversible error for the Orphans’ Court to fail to consider extrinsic evidence to resolve a latent ambiguity in a will. The decedent had owned five parcels of real property, and had specifically devised one parcel to five of … Continue reading
Tag Archives: Specific Performance
Civil complaint that “touches on” validity of decedent’s will was dismissed with prejudice for lack of subject matter jurisdiction, and not transferred to Orphans’ Court division. Kramer, III v. Mary T. Kramer Estate (No. 1), 9 Fid.Rep.3d 272 (Lycoming C.P. … Continue reading
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
Court denied specific performance for real property, because the written contract was not with decedent or decedent’s agent, and oral contract with equitable consideration for possession and improvement to property does not amount to specific performance in this case, because … Continue reading