§ 7535. Rights of fiduciaries and other persons.
Any person interested, as or through an executor, administrator, trustee, guardian,
or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust,
in the administration of a trust, or of the estate of a decedent, an infant, lunatic,
or insolvent, may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others.
(2) To direct the executors, administrators, or trustees to do or abstain from doing any
particular act in their fiduciary capacity.
(3) To determine any question arising in the administration of the estate or trust, including
questions of construction of wills and other writings.
Cross References. Section 7535 is referred to in section 7536 of this title.
Notes of Decisions
Estate of Sewell (1979)
pa
“§ 834 (1953), renumbered, 42 Pa.C.S. § 7535. ^ See also Restatement (Second) of Trusts, supra at § 259 (“[t]he trustee is entitled to apply to the court for instructions as to the administration of the trust if there is reasonable doubt as to his duties or powers as trustee”).”
In Re Estate of Getz (1992)
pacommwct · cites it 2×
“Executor therefore requested that the trial court render a declaratory judgment pursuant to 42 Pa.C.S. § 7535 1 determining testator’s domicile at the time of his death.”
In Re Steinsapir (1990)
pa
“42 Pa.C.S. § 7535(3) provides in relevant part that any trustee interested in the administration of a trust may bring a declaratory action to have his rights with respect to the trust determined.”
PA Env. Defense Fdn., Aplt. v. Gov. Wolf (2017)
pa
“17 The court narrowed the remaining issues before it to three questions: (1) Whether Sections 1602–E and 1603–E of the Fiscal Code, which respectively provide that the General Assembly shall appropriate all royalty monies [of] the Lease Fund and (…continued) 42 Pa.C.S. § 7535.…”
In Re: Estate of Borzik, J., Appeal of: Batis, M. (2015)
pasuperct
“See 42 Pa.C.S. § 7535(c). Our standard of review in a will contest is limited to determining whether the court’s findings of fact are supported by sufficient evidence and whether the court abused its discretion or committed an error of law.”
Harty Estate (1989)
paorphctbucks
“Harty, has filed a petition for declaratory judgment pursuant to 42 Pa.C.S. §7535 for direction in the administration of the estate.”
Klopp Estate (1990)
pactcomplberks
“, The case is before the court on an executor’s request for a declaratory judgment pursuant to 42 Pa.C.S. §7535. The issue is whether a spouse who is a surviving tenant on an entireties account should be reimbursed for monies which were advanced from the account by the spouse…”
DeAngelo Estate (1991)
paorphctschuyl
“,, — Pursuant to 42 Pa.C.S. §7535 Louis DeAngelo and Thomas B.”
— 42 Pa. Cons. Stat. § 7535(3) — 1 case
In Re Steinsapir (1990)
pa
“42 Pa.C.S. § 7535(3) provides in relevant part that any trustee interested in the administration of a trust may bring a declaratory action to have his rights with respect to the trust determined.”
— 42 Pa. Cons. Stat. § 7535(c) — 1 case
In Re: Estate of Borzik, J., Appeal of: Batis, M. (2015)
pasuperct
“See 42 Pa.C.S. § 7535(c). Our standard of review in a will contest is limited to determining whether the court’s findings of fact are supported by sufficient evidence and whether the court abused its discretion or committed an error of law.”
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