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  • Frazer v. McEntire

    Publication Date: 2021-11-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1303

    Trial court correctly applied Dead Man's Act in fraud/conversion suit to exclude decedent's alleged statement that he was personally holding cash assets of another estate decedent was administrating. Order of the trial court affirmed.

  • In re: Estate of D'Hue

    Publication Date: 2021-11-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1153

    Petitioners failed to overcome the presumption of testamentary capacity, which arose because execution of the subject will was proved by the required two witnesses, as they did not demonstrate by clear and compelling evidence that decedent lacked testamentary capacity at the time he executed that will. The court denied petitioners' appeal.

  • Trust Under Will of Ashton

    Publication Date: 2021-10-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1234

    Trust beneficiary entitled to fixed annuity payments had standing from equitable interest in trust corpus to challenge trustee's administration and request for additional compensation. Order of the superior court reversed.

  • Trust Under Deed of Ott

    Publication Date: 2021-10-25
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1244

    Co-trustees objected to account of an inter vivos trust and court found orphans' court correctly limited bank's trust administration fee and properly granted a one-time principal fee. Affirmed.

  • Major Equip. Corp. v. Silva

    Publication Date: 2021-10-11
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1037

    This court concluded that the claims asserted by plaintiffs concerned the administration and distribution of property in decedent's estate such that orphans' court had mandatory jurisdiction. Case transferred to orphans' court.

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  • In re Estate of Emery

    Publication Date: 2021-09-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1082

    Trial court's 2020 order, addressing the exact amount an executor was to distribute to appellant from decedent's multiple party bank account, did not run afoul of 42 Pa. C.S.A. §5505 because that order did not modify a 2018 order which ordered distribution but did not address the amount of money involved. Affirmed.

  • Estate of DiJoseph

    Publication Date: 2021-08-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0838

    Executor's final account complied with the law. Objecting party was not entitled to any relief, and the court concluded executor was entitled to attorney fees.

  • Harrison v. Harrison

    Publication Date: 2021-08-02
    Practice Area: Trusts and Estates
    Industry: Accounting
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0882

    Breach of fiduciary duty claim against trustee dismissed under statute of limitations and where trust document granted trustee discretion over distributions where beneficiary suffered from disabilities that affected beneficiary's ability to manage his own affairs. Defendants' motions for summary judgment granted, plaintiff's cross-motion for partial summary judgment denied.

  • Estate of Hughes

    Publication Date: 2021-07-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0686

    The court denied a motion to quash subpoenas for a decedent's medical records, and it ordered the parties to proceed with discovery. Requests by the executrix to compel certain actions were not authorized by the discovery rules.

  • In re: Estate of Lehman

    Publication Date: 2021-07-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0685

    Petitioners failed to establish a claim of undue influence where the evidence did demonstrate the existence of a weakened intellect or a confidential relationship.