• Cappolella v. R&R Constr.

    Publication Date: 2019-06-03
    Practice Area: Premises Liability | Trusts and Estates
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0599

    The court denied defendants' motion to dismiss for lack of prosecution, because plaintiff's counsel provided a reasonable explanation for the lack of progress.

  • In re: Chinatown Building and Ed. Foundation

    Publication Date: 2019-05-27
    Practice Area: Trusts and Estates
    Industry: Non-Profit
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0586

    While the indenture of the trust establishing a now defunct charity did not explain the settlor's intent, the court was able to make the reasonable inference, from the trust language and evidence, that the settlor intended to provide for the well-being of the Chinatown community in Philadelphia and distributed cy pres funds accordingly. The court issued an order distributing cy pres funds.

  • In re: Estate of Stahl

    Publication Date: 2019-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0499

    In this matter involving objections to the trustees' accountings, the court denied a request for a stay. A related case had already been stayed in another jurisdiction, and the court sought to avoid potentially inconsistent rulings.

  • Brown v. Quest Diagnostics Clinical Lab., Inc.

    Publication Date: 2019-05-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0582

    The trial court abused its discretion when it granted defendant's request to abate and dismiss the decedent's medical malpractice cause of action since appellant's motion to substitute plaintiff was not governed by the time limitations set forth in 20 Pa.C.S. §3375. The appellate court reversed and remanded.

  • Norman v. Temple Univ. Health Sys.

    Publication Date: 2019-05-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0565

    Trial court properly held that son and administrator of decedent's estate could not represent the estate pro se in a negligence action against medical defendants because son was not the sole beneficiary of the estate and a non-attorney could not represent an estate. Affirmed.

  • Estate of Powell

    Publication Date: 2019-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0572

    Orphans' court erred in ruling appellants waived their right to a hearing or to present evidence in support of their petition to enforce a probated will's forfeiture clause in the will contest provision when appellants properly nonsuited the will contest for failure to set forth a prima facie case. Decree of the orphans' court vacated, case remanded.

  • In Re: Estate of Leipold

    Publication Date: 2019-05-06
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0496

    Trial court erred in denying judicial sale of real property held by an estate, following objection by mortgage holder, when mortgagee's lien would attach to the proceeds and the purchase price was fair and reasonable. Order of the trial court reversed, case remanded.

  • In re: Trust Under Agreement of Walker

    Publication Date: 2019-05-06
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0522

    Trial court properly denied daughters' objections to appellee's final accounting as trustee of decedent mother's revocable trust but court affirmed on other grounds because court found daughters lacked standing to appeal since decedent's acquiescence in the investments made by appellee was binding on daughters and they were not aggrieved by appellee's conduct as trustee. Affirmed.

  • In re: Passarelli Family Trust

    Publication Date: 2019-04-15
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0425

    Irrevocable trust was not procured by fraudulent misrepresentation due to co-settlor's failure to specifically describe each individual asset being contributed to the trust where identifying the corporation holding the assets was enough to identify the scope of assets. Order of the trial court reversed.

  • In re: Estate of Gurtler

    Publication Date: 2019-04-15
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0341

    The court granted petitioner's request to remove her sister as a co-executrix of their father's estate where the sister had a conflict of interest with the estate arising from her daughter's alleged conduct and petitioner was more likely to bring the estate to a conclusion. The court granted a petition to remove respondent as co-executrix.