executor claim (Pennsylvania) · Go Syfert
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executor claim in Pennsylvania

10 Pennsylvania opinions name it 6 courts 1936–2023 3 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
In Re Trust Under Agreement of Waregreen
pasuperct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018“Our standard of review of the findings of an orphans’ court is deferential.” In re Ware, 814 A.2d 725, 731 (Pa. Super. 2002) (citation omitted).

11
Moranko, F. v. Downs Racinggreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018It is well settled that “[i]ssues not raised in the lower court are waived and cannot be raised for the first time on appeal.” Pa.R.A.P. 302(a); see also Moranko v. Downs Racing LP, 118 A.3d 1111, 1115-1116 (Pa.Super. 2015) (en banc) (reiterating that arguments not raised initially before the trial court cannot be raised for the first time on appeal).

11
Wiener v. United Statesgreen
scotus · 1958 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015Wiener involved the War Claims Commission, established by Congress to compensate internees and prisoners of war who sustained personal and property damage at the hands of the enemy in connection with World War II. 357 U.S. at 350, 354-55 , 78 S.Ct. 1275 ; see also Section 1 of the War Claims Act of 1948, Act of July 3, 1948, Pub.L. 895, 62 Stat. 1240 -41.

2015Wiener involved the War Claims Commission, established by Congress to compensate internees and prisoners of war who sustained personal and property damage at the hands of the enemy in connection with World War II. 357 U.S. at 350, 354-55 , 78 S.Ct. 1275 ; see also Section 1 of the War Claims Act of 1948, Act of July 3, 1948, Pub.L. 895, 62 Stat. 1240 -41.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Estate of Wyinegar green
pasuperct · 1998
1 sentence

2023The Executor’s objection, therefore, just as recognized in Wyinegar, supra, and Lutz, supra, in essence also advances the premise that private legatees should benefit at public expense. . . .. **** In the matter before the court, there is no question that counsel for the incapacitated surviving spouse was pursuing the surviving spouse’s rights diligently both before and during the Covid-19 pandemic. [Attorney McKenna] was in continuous communication with the Estate over the available assets, the need to transfer funds from the supplemental needs trust to a special needs trust, the need to obta

12023–2023
Grabowski, M. v. Carelink Community green
pasuperct · 2020
2 sentences

2023Accordingly, we affirm the orphans’ court’s denial of Appellants’ motion for judgment on the pleadings on the grounds that genuine issues of material fact are in dispute,22 we vacate its denial of Appellants’ petition for declaratory judgment as premature, and we remand this matter for the completion of any outstanding discovery and the scheduling of an evidentiary hearing.23 ____________________________________________ 22 See Grabowski, supra; In re Estate of Rood, supra. 23 In the event the orphans’ court determines that Walter was not subjected to undue influence, it must then consider whet

2023Accordingly, we affirm the orphans’ court’s denial of Appellants’ motion for judgment on the pleadings on the grounds that genuine issues of material fact are in dispute,22 we vacate its denial of Appellants’ petition for declaratory judgment as premature, and we remand this matter for the completion of any outstanding discovery and the scheduling of an evidentiary hearing.23 ____________________________________________ 22 See Grabowski, supra; In re Estate of Rood, supra. 23 In the event the orphans’ court determines that Walter was not subjected to undue influence, it must then consider whet

12023–2023
In Re: Estate of Harold E. Rood green
pasuperct · 2015
2 sentences

2023Accordingly, we affirm the orphans’ court’s denial of Appellants’ motion for judgment on the pleadings on the grounds that genuine issues of material fact are in dispute,22 we vacate its denial of Appellants’ petition for declaratory judgment as premature, and we remand this matter for the completion of any outstanding discovery and the scheduling of an evidentiary hearing.23 ____________________________________________ 22 See Grabowski, supra; In re Estate of Rood, supra. 23 In the event the orphans’ court determines that Walter was not subjected to undue influence, it must then consider whet

2023Accordingly, we affirm the orphans’ court’s denial of Appellants’ motion for judgment on the pleadings on the grounds that genuine issues of material fact are in dispute,22 we vacate its denial of Appellants’ petition for declaratory judgment as premature, and we remand this matter for the completion of any outstanding discovery and the scheduling of an evidentiary hearing.23 ____________________________________________ 22 See Grabowski, supra; In re Estate of Rood, supra. 23 In the event the orphans’ court determines that Walter was not subjected to undue influence, it must then consider whet

12023–2023
Ambrosia v. Yerage green
pasuperct · 1990
2 sentences

2022He maintains that the holdings of these cases are wrong because neither discussed § 1991 of the Statutory Construction Act or this Court’s decision Ambrosia v. Yerage, 572 A.2d 777 (Pa.Super. 1990).

2022He maintains that the holdings of these cases are wrong because neither discussed § 1991 of the Statutory Construction Act or this Court’s decision Ambrosia v. Yerage, 572 A.2d 777 (Pa.Super. 1990).

12022–2022
Perri v. Chiavaroli neutral
pa · 1952
2 sentences

1974An executor can claim as a creditor for services rendered or claims owed to the executor-creditor incurred prior to the death of decedent: Davidson’s Est., 334 Pa. 389 , 6 A.2d 73 (1939); Perri v. Chiavaroli, 370 Pa. 495 , 88 A.2d 798 (1952).

1974An executor can claim as a creditor for services rendered or claims owed to the executor-creditor incurred prior to the death of decedent: Davidson’s Est., 334 Pa. 389 , 6 A.2d 73 (1939); Perri v. Chiavaroli, 370 Pa. 495 , 88 A.2d 798 (1952).

11974–1974
Davidson's Estate green
pa · 1939
2 sentences

1974An executor can claim as a creditor for services rendered or claims owed to the executor-creditor incurred prior to the death of decedent: Davidson’s Est., 334 Pa. 389 , 6 A.2d 73 (1939); Perri v. Chiavaroli, 370 Pa. 495 , 88 A.2d 798 (1952).

1974An executor can claim as a creditor for services rendered or claims owed to the executor-creditor incurred prior to the death of decedent: Davidson’s Est., 334 Pa. 389 , 6 A.2d 73 (1939); Perri v. Chiavaroli, 370 Pa. 495 , 88 A.2d 798 (1952).

11974–1974
Appeal of Keyser green
pa · 1889
1 sentence

1959As to claims against decedents dying before that date, the law is as expressed in Keyser’s Appeal, 124 Pa. 80 , in which case, after stating that the statute of limitations may be set up in the orphans’ court precisely as in a court of law, the court said, on page 92: “Nor can the statute be tolled by anything short of a suit at law or what is its equivalent in the Orphans’ Court.

11959–1959
Chappell's Estate green
pa · 1919
1 sentence

1955Chappell’s Estate, 264 Pa. 486 , decided that a widow had the right to rely on an executor to claim her exemption and allowance and his unfortunate absence in the armed services prevented his performing his duties.

11955–1955
Craig's Appeal neutral
pa · 1861
1 sentence

1940A stakeholder, ordered to pay out of funds held by him, is not aggrieved by a distribution which he considers objectionable but which is satisfactory to the distributees: Craig’s Appeal, 38 Pa. 330 ; Crawford v. Shriver, 139 Pa. 239 , 21 A. 518 .

11940–1940
Crawford v. Shriver neutral
pa · 1891
2 sentences

1940A stakeholder, ordered to pay out of funds held by him, is not aggrieved by a distribution which he considers objectionable but which is satisfactory to the distributees: Craig’s Appeal, 38 Pa. 330 ; Crawford v. Shriver, 139 Pa. 239 , 21 A. 518 .

1940A stakeholder, ordered to pay out of funds held by him, is not aggrieved by a distribution which he considers objectionable but which is satisfactory to the distributees: Craig’s Appeal, 38 Pa. 330 ; Crawford v. Shriver, 139 Pa. 239 , 21 A. 518 .

11940–1940
Hand's Estate green
pa · 1927
2 sentences

1940An executor may not challenge distribution to legatees merely because he thinks the court erred in ordering it when, in fact, the distributees do not object: Hand’s Estate, 288 Pa. 569 , 136 A. 864 ; Reese’s Estate, 317 Pa. 473 , 177 A. 792 .

1940An executor may not challenge distribution to legatees merely because he thinks the court erred in ordering it when, in fact, the distributees do not object: Hand’s Estate, 288 Pa. 569 , 136 A. 864 ; Reese’s Estate, 317 Pa. 473 , 177 A. 792 .

11940–1940
Reese's Estate green
pa · 1935
2 sentences

1940An executor may not challenge distribution to legatees merely because he thinks the court erred in ordering it when, in fact, the distributees do not object: Hand’s Estate, 288 Pa. 569 , 136 A. 864 ; Reese’s Estate, 317 Pa. 473 , 177 A. 792 .

1940An executor may not challenge distribution to legatees merely because he thinks the court erred in ordering it when, in fact, the distributees do not object: Hand’s Estate, 288 Pa. 569 , 136 A. 864 ; Reese’s Estate, 317 Pa. 473 , 177 A. 792 .

11940–1940
Pennsylvania Co. v. Bergson green
pa · 1932
1 sentence

1936Of course, the executor has a claim against the bank for reimbursement for the taxes he has been compelled to pay: Pennsylvania Co., etc., Trustee, v. Bergson, 307 Pa. 44 (1932).

11936–1936

Where else courts name it

PA 10 (1936–2023) NY 9 (1895–1976) CA 7 (1921–1995) IL 6 (1960–2019) TX 4 (1893–2025) OR 3 (1919–1968) GA 3 (1942–1994) MA 2 (1921–2000) OH 2 (1993–1993) AR 2 (1911–1931) MD 2 (1935–1937) FL 2 (1926–1967)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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