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  • Medvitz v. Gabriel

    Publication Date: 2022-03-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0241

    Preliminary objections to respondents' new matter sustained where order to show cause issued to respondents did not concern the claims raised by respondents that were struck by the preliminary objections. Petitioner's preliminary objections sustained in part and overruled in part.

  • Rogers v. Wilmington Trust Co.

    Publication Date: 2022-03-22
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69750

    The court found that plaintiff waived fiduciary claims about certain investments through a direct statement of waiver, the issue of whether excess fees was allowed by the trust agreement was time-barred, plaintiff failed to state a claim for proximate cause regarding whether defendant should have provided tax planning to plaintiff, former trustee was allowed by the trust agreement to act as both trustee and advisor, and the exculpation clause prohibited the equitable fraud claim.

  • In re: Estate of Johnson

    Publication Date: 2022-03-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0203

    While objectors did not oppose their deceased mother's husband retaining the rings she wore during her lifetime, they correctly claimed that the rings were part of mother's estate and that they were entitled to one-half of the value of the rings as per their intestate share of the estate where husband retained the rings to bury with mother's ashes. The court granted objectors relief.

  • Estate of Chennisi

    Publication Date: 2022-03-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0243

    Orphans' court erred in holding decedent's September 11th Victim's Compensation Fund award was not made pursuant to the Air Transportation Safety and System Stabilization Act but correctly held that the award was an asset of decedent's estate, subject to administration by the executor. Affirmed in part and reversed in part.

  • Thompson v. Watson

    Publication Date: 2022-02-28
    Practice Area: Trusts and Estates
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0219

    Defendants moved to dismiss plaintiff's complaint alleging abuse of process and civil conspiracy based on defendants' action in orphans' court trying to force a buy-out of defendant's interests in family companies and court found plaintiff sufficiently alleged abuse of process and civil conspiracy. Motion denied.

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  • Sharisky v. Sharisky

    Publication Date: 2022-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0090

    The court ruled that defendants' preliminary objections to plaintiff's complaint should be granted and plaintiff's complaint should be dismissed on the basis of res judicata, collateral estoppel, and failure to state a claim for fraud. Complaint dismissed.

  • Wurster v. Wurster

    Publication Date: 2022-02-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0060

    The court held that the plaintiffs did not meet their burden of proof that defendant breached his fiduciary duty as executor because they failed to present evidence to show that defendant's transfer of estate funds to a family-owned business was improper. Motion denied.

  • In re: Estate of Baker

    Publication Date: 2022-01-31
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0021

    Petition to reform will for alleged scrivener's error denied where testator is presumed to have knowledge of the terms of their will, and where requested reformation would exceed the scope of power of appointment conferred to testator. Defendants' motion for judgment on the pleadings granted.

  • Edwards v. Norfolk S. Ry. Co.

    Publication Date: 2021-12-27
    Practice Area: Trusts and Estates
    Industry: Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Cunningham
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1396

    The court held that plaintiff's appointment as personal representative of decedent's estate related back to the filing of plaintiff's initial complaint for the purposes of the statute of limitations. Denial of defendant's motion for summary judgment affirmed.

  • In Re Estate of Logue

    Publication Date: 2021-11-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1251

    The court held that there was no dispute as to the title of stock shares being in decedent's name at the time of his death.