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Home→Tags Summary judgment

Tag Archives: Summary judgment

No Undue Influence or Unjust Enrichment in Execution of Deed

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 →

Posted in Opinions | Tagged Statute of limitations, Summary judgment, Undue influence, Unjust enrichment

Plea of Nolo Contendere was Conviction under Slayer’s Act

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 →

Posted in Opinions | Tagged Slayer's Act, Summary judgment

Revocation of Assignment of Spendthrift Interests

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 →

Posted in Opinions | Tagged Equitable estoppel, laches, Pa.R.C.P. 1035.2, Spendthrift clause, Summary judgment

No Genuine Issue of Material Fact in Undue Influence Claim

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 →

Posted in Opinions | Tagged Fruad, Summary judgment, Undue influence, Will contest

Summary Judgment in Will Contest

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 →

Posted in Opinions | Tagged Forgery, Fraud, Summary judgment, Testamentary Capacity, Undue influence, Will contest

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