Court Opinions

Case Information
Alfred John Clegg, Intervivos Trust
Court of Common Pleas, Orphans' Division
O.C. No.319 IV of 2015 (Herron, Monday, December 21, 2015)

Topic: Trust/Spendthrift Provisions - Judgment Creditor Cannot Compel Distribution to a Trust Beneficiary Where the Trust Document Contains a Spendthrift Provision and Limitations on a Beneficiary's Right of Withdrawal

Date Rendered
12/21/2015

Judge
Herron

Case Information
Patricia Ann Suarez
Court of Common Pleas, Orphans' Division
O.C. No.549 AP of 2014 (Overton, Tuesday, November 03, 2015)

Topic: appeal from register

Date Rendered
11/3/2015

Judge
Overton

Case Information
Estate of William F. Binnig, Deceased
Court of Common Pleas, Orphans' Division
OC #12 DE of 2013, dated September 9, 2015

Topic: Appeal of Trial Court's Adjudication of the First and Final Account of William J. Binnig, Deceased

Date Rendered
9/9/2015

Judge
Carrafiello

Case Information
Estate of Rose Kollock, Deceased
Court of Common Pleas, Orphans' Division
O.C. No.1557 DE of 2014 (Herron, Tuesday, September 01, 2015)

Topic: Surcharge/Reimbursement of Co-Administrator - Co-administrator failed to establish that his co-administrator should be surcharged for the delay in the sale of decedent's real property where petitioner did not take any action to compel the sale or remove

Date Rendered
9/1/2015

Judge
Herron

Case Information
Estate of John Susick, Deceased
Court of Common Pleas, Orphans' Division
Orphans' Court No. 886 DE of 2013, Estate of John Susick, Deceased

Topic: Excessive Attorney Fees

Date Rendered
8/18/2015

Judge
Carrafiello

Case Information
Anna Crisconi-Gallo
Court of Common Pleas, Orphans' Division
O.C. No.1435 AI of 2011 (Carrafiello, Wednesday, August 05, 2015)

Topic: Register of Wills Decree sustaining caveat declaring document null and void was affirmed

Date Rendered
8/5/2015

Judge
Carrafiello

Case Information
Estate of Earl Pough, Sr., Appeal from the Register of Wills
Court of Common Pleas, Orphans' Division
O.C. No.348 AP of 2014 (Herron, Monday, June 22, 2015)

Topic: Will Contest/Undue Influence/Lack of Testamentary Capacity - Will contestant did not meet her burden of proof that the testator’s will was the result of undue influence where she failed to present any medical testimony and the proponent of the will presen

Date Rendered
6/22/2015

Judge
Herron

Case Information
Roosevelt-Bentman Trust for American Voters
Court of Common Pleas, Orphans' Division
O.C. No.608 IV of 2014 (Carrafiello, Friday, May 29, 2015)

Topic:

Date Rendered
5/29/2015

Judge
Carrafiello

Case Information
Albert Beal
Court of Common Pleas, Orphans' Division
O.C. No.119 AP of 2014 (Herron, Monday, May 04, 2015)

Topic: Will Contest/Standing - Wife who initiated divorce proceedings against her deceased husband but did not obtain a final divorce decree lacked standing to challenge the will or decedent's domicile at the time of his death - Although wife sought to establish her standing to elect against deceased husband's will based on Maryland law, she failed to establish that she had filed a timely election.

Date Rendered
5/4/2015

Judge
Herron

Case Information
Trust established under the Deed of Louise E. W. Jones, Settlor
Court of Common Pleas, Orphans' Division
O.C. No.158 IV of 1971 (Herron, Wednesday, March 18, 2015)

Topic: Trustee Fees/Objections - Objections to increased trustee fees that took place in 1976 and 1989 were overruled on partial summary judgment where the trustee demonstrated that the income beneficiaries in 1976 and 1989 consented to increased fees either by writing or acquiescence.

Date Rendered
3/18/2015

Judge
Herron

Case Information
Estate of Kenneth Sipos
Court of Common Pleas, Orphans' Division
O.C. No.526 DE of 2013 (Herron, Wednesday, March 04, 2015)

Topic: Will/Beneficiary Designation for IRA Account - Where decedent's will bequeathed his IRA Account to his brother but decedent failed to take any action to execute a change in the IRA policy's designation form the IRA beneficiary was not changed by decedent's will

Date Rendered
3/4/2015

Judge
Herron

Case Information
Roosevelt-Bentman Trust for American Voters, Inter Vivos Trust
Court of Common Pleas, Orphans' Division
O.C. No. 608 IV of 2014 (February 4, 2015, Carrafiello, J.)

Topic: Petition filed by settlor of an inter vivos trust claiming that an award was entered against the Respondent, an alleged beneficiary, at an arbitration hearing held five years prior by the Trustee. The Court found that: 1) Since the arbitration forum failed to obtain jurisdiction over the Respondent, the purported award could not be given legal recognition, 2) Based on all circumstances, the award entered by the forum was unjust, inequitable, and unconscionable and in violation of due process, and 3) The Orphans' Court has jurisdiction to determine whether an inter vivos trust has used lawful process in attempting to confirm an arbitration award, even if Orphans' Court does not have jurisdiction to confirm the award.

Date Rendered
2/4/2015

Judge
CARRAFIELLO

Case Information
Estate of Elwood Rucker, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1229 DE of 2013 (Herron, J. January 12, 2015)

Topic: In Personam Jurisdiction - Pennsylvania Orphans' Court lacks jurisdiction to compel the return of assets to a Pennsylvania estate from an executor of a Virginia estate

Date Rendered
1/12/2015

Judge
HERRON

Case Information
Estate of Rose Rubenstein, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 337 DE of 2011 (Herron, J. 11/24/14)

Topic: Quantum Meruit - Quantum meruit claim seeking compensation for administrative and financial services for decedent that went beyond the initial nursing services for which claimant had been hired was granted - Petitioner presented substantial evidence and the testimony of disinterested witnesses to support her claim.

Date Rendered
11/24/2014

Judge
HERRON

Case Information
Estate of Laminer E. Davis, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 513 DE of 2000 (Herron, J. November 13, 2014)

Topic: Eviction - Intestate heir is evicted from the property of his deceased mother where breached a family agreement by failing to make proper provisions for the payment of utility bills on the premises

Date Rendered
11/13/2014

Judge
HERRON

Case Information
Estate of Roy Creamer, Sr., Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 911 DE of 2012 (Herron, J. September 30, 2014)

Topic: Spendthrift Provision - Although a spendthrift provision in a Will usually shields a beneficiary’s bequest from creditors, a judgment for child support against a beneficiary should be paid by the fiduciary prior to any distribution to the beneficiary

Date Rendered
9/30/2014

Judge
HERRON

Case Information
Conti Trust
Court of Common Pleas, Orphans' Division
O.C. No. 464 ST of 1982 (September 17, 2014, Herron, J.)

Topic: Nonjudicial Settlement - Petition for court approval of nonjudicial settlement under 20 Pa.C.S.A. §7710.1 that would amend trust agreement to allow for removal of trustee without cause or court approval denied as unnecessary - Court approval of this nonjudicial settlement would raise conflicts with such other specific PEF code provisions as Section 7765 and Section 7766

Date Rendered
9/17/2014

Judge
HERRON

Case Information
Educational Trust for the Benefit of Ferren Chambers
Court of Common Pleas, Orphans' Division
0169 IC of 2005 (August 19, 2014, Carrafiello, J.)

Topic: Declaratory Judgment action brought by the settlors and co-trustees of the Educational Trust for the Benefit of Ferren Chambers, against co-trustee Wells Fargo Bank, N.A., consolidated with Objections to the First and Final Account of the Ferren Chambers Educational Trust by the School District of Philadelphia and the settlors and co-trustees, for the denial of payment from the trust for expenditures relating to the educational needs of Ferren Chambers, including the payment of attorney’s fees and for services rendered after the termination of the trust. The Court held that 1) those expenditures for which reimbursement was sought were not reasonably related to the educational needs of Ferren Chambers, as defined by the trust document, and 2) there was no error in interpreting the trust document, as the document is clear and unambiguous, and is therefore controlling.

Date Rendered
8/19/2014

Judge
CARRAFIELLO

Case Information
Edward Winslow Taylor, Intervivos Trust
Court of Common Pleas, Orphans' Division
O.C. No. 3563 IV of 1939 (Herron, J. August 18, 2014)

Topic: Trust Modification - Petition to modify trust document under the broad provisions of 20 Pa.C.S.A. §7740.1 to provide for the removal of a trustee without cause or court approval must be interpreted within the context of the more specific provisions in the PEF Code for removal of trustees - Because the specific provisions for removal of trustees set forth in 20 Pa.C.S.A. §7766 control, the beneficiaries' petition to modify the trust is denied - This does not preclude the beneficiaries from filing a petition to remove the trustee

Date Rendered
8/18/2014

Judge
HERRON

Case Information
Irving Corn Trust
Court of Common Pleas, Orphans' Division
O.C. No. 1290 IV of 1983 (Herron, J. July 9, 2014)

Topic: Standing/Surcharge - Remainder beneficiary of a trust lacked standing to object to the distribution of settlor's interest in a profit-planning plan where that distribution occurred prior to the appointment of the objectant/beneficiary by the will of the original income beneficiary - Trust beneficiary's request to surcharge the co-trustees for investment decisions was denied based on the clear language of the trust document which gave trustees broad discretion

Date Rendered
7/9/2014

Judge
HERRON

Case Information
Estate of Zofia Gralak, Deceased
Court of Common Pleas, Orphans' Division
1318 AP of 2013 (June 24, 2014, Carrafiello, J.)

Topic: The Court overruled preliminary objections to an appeal of the Decree of the Register of Wills admitting decedent's will of July 2, 2012 into probate, where it was claimed that the intestate heir who filed the appeal lacked standing. The Court found that all that was necessary for the intestate heir to have standing was to show a "reasonable possibility" that an earlier un-probated will, in which the intestate heir was not a beneficiary would also be in invalidated if subsequently probated. Further, the Court's Decree overruling preliminary objections was not final, and not subject to any exceptions to the rule that interlocutory appeals are not permitted without the Court's permission.

Date Rendered
6/24/2014

Judge
CARRAFIELLO

Case Information
Estate of Green, Power of Attorney
Court of Common Pleas, Orphans' Division
O.C. No. 514 PR of 2012 (Herron, J. June 23, 2014)

Topic: Power of Attorney/Surcharge - An agent under a power of attorney is surcharged in the amount of $283,055 for breach of fiduciary where he failed to exercise his powers for the benefit of the principal; he failed to keep full and accurate records of all actions, and; he did not exercise reasonable caution and prudence when he expended the principal’s assets to benefit himself and his family.

Date Rendered
6/23/2014

Judge
HERRON

Case Information
Estate of Gaetano Ciuccarelli, Deceased
Court of Common Pleas, Orphans' Division
1936 DE of 2006 (May 21, 2014, Carrafiello, J.)

Topic: Suit brought by daughter and son-in-law of Decedent, against Administratrix of Decedent’s estate, estate’s attorney and title insurance company for distributing proceeds of sale of Decedent’s house, which was agreed to be held in escrow, pending resolution of will contest brought by daughter. On preliminary objections, the Court held that 1) since the final decree of Orphans’ Court held that the will, which made no provision for the daughter, was valid, the daughter and son-in-law had no standing to pursue this claim, and, 2) the daughter and son-in-law had no claim for lost settlement opportunity, where any specific settlement had not been alleged, and where there could be no reasonable expectation of a settlement except for their bold refusal to distribute funds.

Date Rendered
5/21/2014

Judge
CARRAFIELLO

Case Information
Estate of Elaine B. Thomas, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1460 DE of 2013 (Herron, J., May 12, 2014)

Topic: Trust - Testator by her will created a trust to be funded by her life insurance proceeds where she expressed the clear intent in her will that her granddaughter should serve as the "executor" of her "insurance" and she outlined in great detail how the life insurance proceeds should be administered and distributed - a trust may be created without the specific words of "trustee" or "trust" so long as the will evinces a clear intent to create a trust.

Date Rendered
5/12/2014

Judge
HERRON

Case Information
Estate of Jonelle Williams, Appeal from Register,
Court of Common Pleas, Orphans' Division
O.C. No. 928 AP of 2013 (Herron, J.,April 21, 2014)

Topic: Later Discovered Will - Where appellants seek to open a decree of the Register of Wills to admit a later discovered will, they have the burden of proving that the later will was properly executed after the will was admitted - An undated will is not per se invalid

Date Rendered
4/21/2014

Judge
HERRON