Checks written at the request of the decedent three days before his death and delivered by the decedent were inter vivos gifts and not testamentary, but were incomplete and invalid because the account upon which the checks were drawn had … Continue reading
Tag Archives: Summary judgment
The executor of the decedent’s estate brought an action in the Orphans’ Court to recover the value of property alleged to have belonged to the decedent from a person who had lived with the decedent, but the court properly granted … Continue reading
A health care worker’s claim for services to the decedent was properly dismissed by summary judgment when the plaintiff admitted that there was no express contract for services and the history of payments by the decedent and the decedent’s agent … Continue reading
In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her … Continue reading
A plea of nolo contendere, followed by sentencing, was a “conviction” within the meaning of the Slayer’s Act, and so summary judgment against the convicted slayer was appropriate. Abbott Estate, 6 Fid.Rep.3d 80 (O.C. Butler 2015), aff’d, Nos. 1071 and … Continue reading
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
Petitioner (in will contest) claimed fraud and undue influence against decedent’s attorney, who contacted the County Office of Services for the Aging (COSA), after petitioner had solicited the attorney’s help to draft a new will for the decedent but would … Continue reading
Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary. After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading