Court Opinions

Case Information
Estate of Guido Visco, Jr., Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 68 of 1996

Topic: En banc - Exceptions; Mortgage, Default Clause - Claimant's burden to establish debts of Decedent; Assumed payments - applied to principal; Attorney's fees - equitable control of Ct.; en banc - not fact finding.

Date Rendered
1/23/2001

Judge
PAWELEC

Case Information
Estate of ARTHUR D. LEWIS, An Incapacitated Person
Court of Common Pleas, Orphans' Division
O.C. No. 293 of /1999

Topic: En banc - Exceptions; Adverse Interest, marital relationship alone not adverse interest; Co-mingling assets, Self-Dealing, mild dementia;neutral Person appointed limited guardian.

Date Rendered
1/23/2001

Judge
PAWELEC

Case Information
Estate of JAMES ALBERT MINTON a/k/a JAMES A. MINTON, Deceased
Court of Common Pleas, Orphans' Division
O.C. NO. 1018 of /1997

Topic: Phila. Rule 7.1.A Decree / Adjudication final unless Exceptions w/in 20 days; Assets in acct filed; additionally discovered assets subsequent filing.

Date Rendered
1/9/2001

Judge
Pawelec

Case Information
Estate of Stephen F. Fabian, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 229 DE of /1999

Topic: Register of Wills jurisdiction to grant Letters Testamentary; Loudenslager Will: validity of will - burden - contestant; jurisdiction of Reg of Wills - burden - proponent; statute determines jurisdiction: county of 'last family or principal residence (domicile)'; domicile - burden - proponent by clear and satisfactory proof.

Date Rendered
12/18/2000

Judge
Pawelec

Case Information
Estate of John F. Gaudreau, Jr., Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 157 DE of /1997

Topic: Personal Property (P.P.); ejection w/o notice or authority; forcible possession of P.P.; affirmative duty to return P.P., violated; owner's opinion of P.P.'s value not binding on Ct.

Date Rendered
9/11/2000

Judge
Pawelec

Case Information
Estate of Irene Anderson, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 974 DE of /1997

Topic: Objections to Accounting; Jointly held acct; Presumption: proceeds of joint-acct to surviving party; Burden objectant by clear & convincing evid to prove different intent at time of acct's creation.

Date Rendered
8/24/2000

Judge
Pawelec

Case Information
Estate of Catherine Ibraham, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1397 DE of /1999

Topic: Fiduciary Commissions: 'fair and just' compensation: determined by extent and character of labor and responsibilities involved.

Date Rendered
1/12/2000

Judge
Pawelec

Case Information
Trust Estate of Maurice W. Heinritz, Settlor
Court of Common Pleas, Orphans' Division
O.C. No. 584 of 1966

Topic: Revocable deed of Trust - Amendments - Restatement in entirety; Remainder; non-qualified charity - tax burden; cy pres

Date Rendered
1/7/2000

Judge
PAWELEC

Case Information
Estate of Evelyn H. Britton
Court of Common Pleas, Orphans' Division
O.C. No. 965DE of 1992

Topic: En banc; Exceptions: Phila. O.C. Rule 7.1.A; Rules and Procedures, including briefs of exceptant: O.C. Rule 1.2.B; Exceptions to rulings by court, or contest findings of fact or conclusions of law; Amended Exceptions; preserving appellate rights

Date Rendered
1/3/2000

Judge
Pawelec

Case Information
Estate of Joanne Bakst Blackshaw a/k/a Joanne Blackshaw, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 191 DE of /1999

Topic: Will, Codicils: residuary beneficiaries; claims against Dec.’s estate proven by ’clear, precise, convincing’ evidence - LaRocca; approval of all residuary beneficiaries ”condition subsequent” not ”condition precedent”; reasonable time for approvals.

Date Rendered
12/9/1999

Judge
Pawelec

Case Information
In re: Trust Estate of Harry Sobell, Settlor
Court of Common Pleas, Orphans' Division
O.C. No. 1683 of 1985

Topic: ”Living Trust Agreement”; POA as attny-in-fact executing ”Irrevocable Trust”; Objectant: POA no provision authorizing creation of trusts; Grantor: physician w/ Parkinson’s disease, knowledge of future disability; clear intent of Grantor; canon of construction: two conflicting paragraphs, latter prevails - Richley Estate.

Date Rendered
11/5/1999

Judge
Pawelec

Case Information
Estate of Carola Collings, an Incapacitated Person
Court of Common Pleas, Orphans' Division
O.C. No. 829 IC of /1999

Topic: Attorney’s Petition for fees and cost for valuable services performed for Estate of IC; IC’s ”chronic persistent deficits”; IC lacking knowledge of objects of her bounty; attny represented interests of Petitioners, not of IC, i.e. did not provide valuable services to Estate, therefore attny not entitled to recover fees and costs from Estate.

Date Rendered
10/19/1999

Judge
Pawelec

Case Information
Estate of BARBARA LUCIFERO, Deceased
Court of Common Pleas, Orphans' Division
O.C. NO. 1393 of 1994

Topic: Co-Administrators ordered to file acct; each filed separate acct.; Court placed burden on accountant; exceptions taken & dismissed.

Date Rendered
6/21/1999

Judge
PAWELEC

Case Information
Estate of Estelle E. Engelbach, Deceased
Court of Common Pleas, Orphans' Division
O.C. 1610 DE of /1997

Topic: TO SURCHARGE PERSONAL REP. Objectant’s burden: identify the property, prove D owned it at death, prove value at death, prove breach resulting in loss to estate, prove amount of loss; alleged ”Undetermined Amount”, fails burden - dismissed, see Cutler’s Estate; FIDUCIARY’S CLAIMED CREDITS against estate must be justified and vouched for, accountant’s unsupported testimony / book entries generally insufficient; LAW OF GIFTS: donee’s burden to prove donative intent and delivery by cc evid; EXECUTORY NEGLIG. Use of estate’s assets / credit / debit w/o exec’s knowledge, or personal usage by exec.; REMOVAL OF EXEC, ”drastic action”: waste, mismanagement, failure to perform duty, jeopardy to estate.

Date Rendered
6/10/1999

Judge
Pawelec

Case Information
Joseph J. Short, Executor of the Estate of Elsie Short v. Constantinos Pavlides, et al.
Court of Common Pleas, Orphans' Division
O.C. January 1993, No. 516

Topic: Wrongful Death/Beneficiaries - Adult children who can establish pecuniary loss due to the death of a parent should all share equally in wrongful death benefits - Pecuniary loss must be grounded on reasonably continuous or past acts or conduct of the deceased through services, food, clothing, education, entertainment or gifts bestowed that have been rendered with a frequency that creates an anticipation of continuance - Pecuniary loss would not include claims for mental suffering, grief or distress of mind - The beneficiaries entitled to recover under the Wrongful Death Act include the spouse, children and parents of the deceased in the proportion they would take in the case of intestacy

Date Rendered
5/6/1999

Judge
Herron

Case Information
Estate of Bennie Freeman, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 924 DE of 1996

Topic: TO SURCHARGE PERSONAL REP. Objectant’s burden: identify the property, prove D owned it at death, prove value at death, prove breach resulting in loss to estate, prove amount of loss; alleged ”Undetermined Amount”, fails burden - dismissed, see Cutler’s Estate; OBJECTANT’S BURDEN: to prove accountant breached applicable fiduciary duty & that loss occurred, conflicting testimony w/o independent evid insufficient to carry burden.

Date Rendered
1/25/1999

Judge
Pawelec

Case Information
Estate of Isaac Johnson, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1305 DE of /1997

Topic: Alternative beneficiary - Objections; QUESTION of SURVIVORSHIP: matter of intent, see Teacher et al; pre-printed language sufficient expression of intent, no particular words or forms required: Granting clause (pre-printed) - ”the survivors of them, and the heirs and assigns of such survivors”, Habendum clause - (same), Warranty clause - (same).

Date Rendered
1/20/1999

Judge
Pawelec

Case Information
Estate of Henry P. Zucker, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 2336 DE of 1984

Topic: TESTATOR’S INTENT: cts to determine intent from the document itself & other circumstances known to testator, Taxis J. Deacon’s Estate citing Loving Estate.

Date Rendered
1/7/1999

Judge
Pawelec

Case Information
Estate of Grace E. Stobel, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 2185 DE of 1985

Topic: Trust; alleged abuse of Trustee’s discretion for failure to make distributions; TRUSTEE’S DISCRETION: general rule - when discretion conferred upon Trustee w/ respect to exercise of a power, exercise not subject to control by ct. except to prevent abuse of discretion; Trustee’s good faith and proper motives.

Date Rendered
12/21/1998

Judge
Pawelec

Case Information
Estate of Selena R. Jones, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 394 DE of /1997

Topic: WILL CONTEST: proponent - initial burden after which presumption of validity arises, contestant - must prove elements of lack of capacity or undue influence by cc evid.; CAPACITY (test for), see Brantlinger Will; UNDUE INFLUENCE, see Estate of Reichel.

Date Rendered
12/10/1998

Judge
Pawelec

Case Information
Estate of Larry A. Colston, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 808 DE of 1996

Topic: Objectant - surcharge in unspecified amount representing value of D’s law practice; SURCHARGE: Objectant’s burden: identify the property, prove D owned it at death, prove value at death, prove breach resulting in loss to estate, prove amount of loss; alleged ”Undetermined Amount”, fails burden - dismissed, see Cutler’s Estate; FIDUCIARY’S COMPENSATION: fair and just (depends upon extent and character of labor and responsibilities involved); COMPENSATION OF ATTNY FOR ESTATE: requires ct.’s knowledge of services actually rendered; DEFENSE AGAINST SURCHARGE: justify every expense.

Date Rendered
12/10/1998

Judge
Pawelec

Case Information
Estate of Violet S. Biggans, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1044 DE of 1990

Topic: Surcharge of Assets; Burden on Objectant to: identify missing property, prove: 1. ownership at dec.’s death, 2. value at time of death, 3. failure to marshall and administer assets, 4. breach of fiduciary duty resulting in loss, 5. amount of loss; Residuary Clause; ”Nothing, nothing” Accts.; Fed. Estate Tax Return of pre-deceased husband; Testamentary intent.

Date Rendered
12/10/1998

Judge
Pawelec

Case Information
Estate of Paul Biggans, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 302 DE of 1978

Topic: OBJECTION to First and Final Acct; alleged profits; ”Nothing, Nothing” acct; SURCHARGE PERSONAL REP. Objectant’s burden: identify the property, prove D owned it at death, prove value at death, prove breach resulting in loss to estate, prove amount of loss, see Cutler’s Estate; alleged ”Undetermined Amount”, Federal Tax Returns; Financial Statements; Management not necessarily Ownership; allegations of ”Dummy Corporation”, ”Dummy Corporate Director”, ”Sham” not enough to PIERCE THE CORPORATE VEIL; No PROOF OF AMOUNT OF LOSS TO ESTATE - dismissed.

Date Rendered
12/10/1998

Judge
Pawelec

Case Information
Estate of ESTHER M. NICELY, Deceased
Court of Common Pleas, Orphans' Division
#12 May 95 No. 184 of 1995

Topic: Attorneys-in-Fact - claims for counsel fees and costs.

Date Rendered
9/2/1998

Judge
Pawelec

Case Information
Estate of Robert Leslie Alloway
Court of Common Pleas, Orphans' Division
O.C. No. 544DE of /1997

Topic: Objections to First and Final Accounting - Fees and Commissions: Attorney & Executor; work actually done as Attny & Exec.

Date Rendered
6/25/1998

Judge
PAWELEC