Court Opinions

Case Information
Estate of Ainello Joseph Leone
Court of Common Pleas, Orphans' Division
O.C. No. 1488 AP of 2010 (Herron, J., 2/8/2012)

Topic: Will Photocopy/Probate – Photocopy of Will Should Not Have Been Probated Where Proponent Failed to Rebut the Presumption that the Decedent Had Destroyed the Original Will – Proponent Failed to Establish that the Decedent Did Not Have Custody of the Original Will at the Time of his Death

Date Rendered
2/8/2012

Judge
Herron

Case Information
Estate of Donald Butler, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 679 DE of 2011 (December 8, 2011, Herron, J.)

Topic: Executor and Attorney Fees – Accountant failed to meet her burden of demonstrating that claimed executor and attorney fees were reasonable based on the record and under LaRocca Estate

Date Rendered
12/8/2011

Judge
Herron

Case Information
Mary Geschick Trust
Court of Common Pleas, Orphans' Division
O.C. No. 1312 ST of 1965 (November 18, 2011, Herron, J.)

Topic: Trust Income/Distribution – Where trust created under will directed income distribution to Chestnut Hill Hospital as a nonprofit charitable corporation, after its sale that income was properly distributed to Green Tree Community Health Foundation pursuant to the terms of the will

Date Rendered
11/18/2011

Judge
Herron

Case Information
Estate of Mary Ngun How Chin, Deceased
Court of Common Pleas, Orphans' Division
O.C. 1766 DE of 2006 (November 2, 2009, O'KEEFE, Adm. J.)

Topic: Objectant to account challenged the validity of a transaction entered into by decedent during life on the grounds that a confidential relationship existed between the decedent and transferee, decedent’s son. Court found that objectant failed to meet burden of demonstrating a confidential relationship existed.

Date Rendered
10/6/2011

Judge
O'KEEFE

Case Information
Estate of Leila Brown, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1205 DE of 2010 (Herron, J. August 24, 2011)

Topic: Administrator/Removal – Administrators of estate were removed for fraudulently transferring decedent’s real estate to themselves without notice to the other heirs

Date Rendered
8/24/2011

Judge
Herron

Case Information
Estate of Margaret Mary Bogle, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1693 DE of 2009 (June 28, 2011, O'KEEFE, Adm. J.) (Issued Date June 30, 2008)

Topic: Life tenants of real estate not entitled to reimbursement for certain improvements made to the property, where improvements were made without the consent of remaindermen. Reasonableness of attorney’s fees.

Date Rendered
6/28/2011

Judge
O'KEEFE

Case Information
Estate of Viola Wyze Jones
Court of Common Pleas, Orphans' Division
No. 202 IC of 2011(June 7, 2011, Herron, J.)

Topic: Guardian/Incapacitated Person - Under 20 Pa.C.S. §5511(f), a court has broad discretion in selecting as a guardian “any qualified individual”-- There is no statutory mandate to consider such documents as power of attorney, healthcare directive or wills-Appellant’s obtaining a power of attorney from an incapacitated person suffering from dementia was a factor considered against appointing her as guardian

Date Rendered
6/7/2011

Judge
Herron

Case Information
Wat Phreasbuddhapratheanphor, Inc., a Nonprofit Corp
Court of Common Pleas, Orphans' Division
O.C. No. 462 NP of 2011 (Herron, J. June 2, 2011)

Topic: Nonprofit Corporation/Bylaws – Former monk was properly evicted in accordance with the nonprofit corporation bylaws from the Temple in which he resided after he voluntarily resigned his position as Chief Monk

Date Rendered
6/2/2011

Judge
Herron

Case Information
Estate of James J. Pepper, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 313 DE of 2011 (Herron, J. 5/9/11)

Topic: Gift Intervivos - Objectant to account failed to prove her claim that her deceased uncle during his lifetime had given her $20,000 as a gift rather than a loan

Date Rendered
5/9/2011

Judge
Herron

Case Information
Estate of Betty Jean Bell, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1028 DE of 2010 (Herron, J. April 20, 2011)

Topic: Eviction/Partition – Where two intestate heirs each own one-half interest in decedent’s real property but cannot decide on a fair market value, partition is appropriate together with eviction of the heir residing on the premises

Date Rendered
4/20/2011

Judge
Herron

Case Information
Estate of Rose Weiss
Court of Common Pleas, Orphans' Division
O.C. No. 1463 DE of 2009 (Herron, J. April 4, 2011)

Topic: Attorney Fees – Objection to attorney fees was without merit where the accountant established the reasonableness of those fees under LaRocca Estate by presenting detailed time sheets and credible testimony from the attorney – accountant’s request that fees incurred in litigation over objector’s obdurate opposition to cremation be charged to the objector’s distributive share of the estate was denied because objector was acting on sincerely held moral and religious beliefs that were neither vexatious nor motivated by ill will

Date Rendered
4/4/2011

Judge
Herron

Case Information
Estate of Jonik
Court of Common Pleas, Orphans' Division
O.C. No. 1218 DE of 2010 (Herron, J., April 4, 2011)

Topic: Executor/Removal - Co-executor was removed where he took financial records from decedent’s home before his death and refused to return them despite repeated requests from his co-executor and estate beneficiaries – the drastic remedy of removal of an executor was appropriate due to his conflict of interest in defending his receipt of funds from the estate from his sister based on her power of attorney and his obligation as co-executor to pursue the interests of the estate

Date Rendered
4/4/2011

Judge
Herron

Case Information
Estate of Reginia Krisciunas, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 187 DE of 2010 (Herron, J. April 4, 2011)

Topic: Trustee Fee – Based on record presented at a hearing on objections filed to an account, Trustee fee was disallowed where trustee failed to maintain records, establish separate trust accounts or justify what he did to earn his fee

Date Rendered
4/4/2011

Judge
Herron

Case Information
Estate of Edna Duncan
Court of Common Pleas, Orphans' Division
O.C. No. 1910 AP of 2010 (Herron, J. March 10, 2011)

Topic: Standing/Will Contest – Petition for a citation to appeal a decree of the Register admitting a will into probate is denied where petitioner lacked standing as either an intestate heir or a beneficiary under a prior will

Date Rendered
3/10/2011

Judge
Herron

Case Information
Estate of Vernetta Drummond-Poes, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 730 DE of 2009 (Herron, J. 3/9/2011)

Topic: Standing - Bank as mortgagee lacked standing to challenge distribution from an estate where it was not a beneficiary and had no interest in the estate but was instead a lender with a security interest secured on real property after it had been transferred from the estate to a third party

Date Rendered
3/9/2011

Judge
Herron

Case Information
Estate of Isaac Friedman, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1919 DE of 2005 (February 28, 2011, Herron, J.)

Topic: Attorney Fees/Administrator’s Commission - The proper standard for evaluating the reasonableness of attorney fees is analysis of actual services performed under LaRocca Estate – Attorney fees in this matter are reasonable based on the record of detailed time sheets and testimony – Administrator’s fee is reasonable based on his initial notice by letter of his hourly rate, his detailed record of tasks performed and his testimony.

Date Rendered
2/28/2011

Judge
Herron

Case Information
Southern Tabernacle Missionary Baptist Church
Court of Common Pleas, Orphans' Division
O.C. No. 1841 NP of 2009 (Herron, J. 12/14/2010)

Topic: Default Judgment – Motion to Strike Default Judgment may be granted where a fatal defect appears on the record - Default judgment was stricken where it was entered on a petition for citation that was subsequently amended

Date Rendered
12/14/2010

Judge
Herron

Case Information
Antoinette DiStefano, Power of Attorney
Court of Common Pleas, Orphans' Division
O.C. No. 1356 PR of 2009 (October 12, 2010, Herron, J.)

Topic: Attorney Fees/Reimbursement - Daughter's claim for reimbursement of the attorney fees and costs she incurred in litigation with her mother was denied based on the factual record that the litigation neither created/ augmented the fund nor preserved her mother's estate from jeopardy - This ruling did not address the reasonableness of the fees claimed

Date Rendered
10/12/2010

Judge
Herron

Case Information
Estate of Paul Strittmatter, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1761 DE of 2008 (Herron, J. 9/7/2010)

Topic: Fees for Attorney Serving as Fiduciary - Based on the record of services rendered, an attorney who served as administrator of the estate for which his law firm provided legal services was entitled to a reasonable commission earned as administrator.

Date Rendered
9/7/2010

Judge
Herron

Case Information
Estate of Constance Clinton, an Incapacitated Person
Court of Common Pleas, Orphans' Division
O.C. No. 1537 IC of 2004 (July 20, 2010, Herron, J.)

Topic: Incapacitated Person/Sale of Real Property - In dispute between two co-guardians of an incapacitated person in dire state of health, the sale of real property that was necessary to pay for the incapacitated person’s 24 hour care in a nursing home was approved - The co-guardian who objected to this sale and who lived in the incapacitated person’s residence without paying rent or expenses was removed

Date Rendered
7/20/2010

Judge
Herron

Case Information
Estate of Madeline Ballard, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 686 DE of 2010 (July 19, 2010, Herron, J.)

Topic: Attorney Fees - Relatively simple and small estate presented no problems or peculiarities warranting the fees claimed by the attorney and executor - Where the hours of work expended exceed what should be a reasonable attorney fee, LaRocca requires a downward adjustment

Date Rendered
7/19/2010

Judge
Herron

Case Information
Estate of Joseph DuPoldt
Court of Common Pleas, Orphans' Division
O.C. No. 1232 DE of 2009 (July 12, 2010, Herron, J)

Topic: Constructive Trust/Joint Bank Account - Where husband deposited his workmen’s compensation check into a joint bank account with his wife that was then used to pay for family expenses, a gift is presumed in the absence of a showing of abuse of a confidential relationship - There was no evidence that the wife abused a confidential relationship with her husband - No constructive trust imposed where wife was not unjustly enriched

Date Rendered
7/12/2010

Judge
Herron

Case Information
Estate of Doris J. Camillo, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 138 DE of 2009 (July 2, 2010, O'KEEFE, Adm. J.) (Issued Date June 30, 2008)

Topic: Removal of An Administratrix for waste and mismanagement of an Estate - An administrator may be removed for failure to pay decedent’s debts, taxes, or interest or failure to maintain property in the estate, especially where he makes no explanation for his lack of action and the mismanagement is likely to lead to insolvency of the estate – Here the Administratrix could explain her actions and inaction to the satisfaction of the Court. The Court found that existence of ill feelings between an Administratrix and a beneficiary will not, per se, serve as grounds for removal as it was proven that such ill feelings did not endanger the estate or the rights of any beneficiary.

Date Rendered
7/2/2010

Judge
O'KEEFE

Case Information
Estate of JAMES N. DENNIS, Deceased
Court of Common Pleas, Orphans' Division
O.C. No. 1589 DE of 2008 (July 2, 2010, O'KEEFE, Adm. J.) (Issued Date June 30, 2008)

Topic: Issue of common law marriage and the common law wife's claim to letters of Administration under the PEF code. The Register of Wills has the exclusive jurisdiction over the grant of letters of administration, 20 Pa. C.S.A §901, and the selection of the person who is initially granted letters of administration is normally within the province of the Register. The surviving spouse has a paramount claim to Letters over the son of the Decedent. Here the son claims that the Decedent and Administratrix were not common law married. Common law marriage my be proven by eye-witness testimony, including the testimony of either of the parties to the contract, if competent, and admissions by a party, either by words or acts, which would raise an implication of marriage. Where the common law marriage contract is difficult to prove, this Court acknowledges that a presumption of marriage arises where there has been constant cohabitation and a general reputation of marriage.

Date Rendered
7/2/2010

Judge
O'KEEFE

Case Information
Estate of HERMAN J. FIRSTIN
Court of Common Pleas, Orphans' Division
O.C. No. 1009 IV of 2008 (July 1, 2010, O'KEEFE, Adm. J.) (Issued Date June 30, 2008)

Date Rendered
7/1/2010

Judge
O'KEEFE