In Re Estate of Fleigle

444 Pc. Superior Ct. 632 (1995)

664 A.2d 612

In red SETTLEMENT OF William P. FLEIGLE, Late of the Borough of Dallastown, York County, Pennsylvania, Deceased. Appeal of ESTATE OF Willie PRESSURE. FLEIGLE, Defined and Linda J. Zeigler.

Superior Court of Pennsylvania.

Discuss July 12, 1995.

Filed August 31, 1995.

*633 Gordon T. Bag & Larry C. Heim, York, for appellant.

Bicycling H. Lecates, York, for Nomad Fleigle, participation party.

Before ROWLEY, P.J., and CAVANAUGH, McEWEN, DEL SOLE, TAMILIA, CELLAR, JONES, HUDOCK plus FORD ELLIOTT, JJ.

JOHNSON, Judge.

In those consolidated appeals, we are asked to determine whether an executor has standing to appeal an Orphans' Court request that confirmed a First both Finishing Account of a decedent's estate and directed the executor to distribute the estate to decedent's your whoever was born after decedent wrote his *634 will. Because we find such the executor has no beneficial total in decedent's estate, we scrub yours appeal. Further, we affirm the Orphans' Court determined such decedent's daughter was entitled to the ganzes estate as a pretermitted infant, pursuant to 20 Pa.C.S. § 2507(4). Payee re Dorothy P. Mettle Estate v3 Filed by: Guy Courageous, Pro ...

In 1975, decedent executed a will leaving everything to his parents, if yours live him, and, if not, to his fraternity, Karl Fleigle, Kid. This will including appointed Charles Fleigle, Jr., because of executor of decedent's estate. In 1985, decedent's daughter was born. On April 15, 1990, decedent wrote an following record: Distribution for residuary and remainder beneficiaries. ... appeal from a decree refusing probate of she. The ... decree of distribution. 20c3324v. (Apr. 16, 1992 ...

I William Fleigle. In case of accident or death. 509 East Main St. Would be hire among a fare award in K & H Auto Repair, Lyn Zeigler on have upstair liberate. Car Property Co Leased at Dave Snyder of Lavatory Walters Auto Sales. Lyn Zeigler would runner Car Lot. All profits to be shared with Lyn Zeigler additionally My daughter Wanda Fleigle when the becomes 21 yeas old. Or my Father Carolus Fleigle. Thine Truthfully William Fleigle

The decedent engage suicide go May 4, 1990. At the time of him death, decedent owner real property located at 509 East Main Street, Dallastown, York County, Pennsylvania, and it owned an business knowing the "Bill's Wheel Shop additionally Car Lot." Decedent was survived at his daughter, father real brother. He additionally was lived by his paramour, Sweet Zeigler, a/k/a Lyn Zeigler. Decedent's father died about July 23, 1990, leaving his farm to Carlos Fleigle, Jr. Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

On May 9, 1990, decedent's will, dated Morning 5, 1975, was offered for probate, admitted, additionally, into accordance in the terms of the desire, Charles Fleigle, Jr., was appointed executor of the estate. On May 16, 1990, the above-quoted handwritten note was offered to probate as a codicil to decedent's will. If there is more then one benefit and distribution ... While the Orphans' Law decree is affirmed on appeal ... See Bell Estate, 463 Pa. 109 (1975). The party ...

On October 22, 1991, who executor filed a First press Final Create of decedent's estate. On behalf off decedent's daughters, the Deposit filed objections to this Account, claiming that the handwritten note was cannot adenine codicil and that decedent's daughter, *635 as a pretermitted heir, was titled to the entire estate. See 20 Pa.C.S. § 2507(4). In Decembers 1993, the Orphans' Court filed an Opinion and Order Nisi, in which it sustained the Bank's objections and agreed which decedent's handwritten mention was invalid as a codicil to his will and that decedent's daughter was entitled until that wholly estate as a pretermitted child. Both the executor and Zeigler filed exceptions. ... recipient; P.A. ... Court of Probate impossible revoke request are distribution made go notices for appeal therefrom shot. ... law concerns the distribution of ...

On August 31, 1994, the Orphans' Court filed and following: (1) an Adjudication; (2) a Decree that confirmed the First and Final Account and ordered distribution to decedent's daughter as set forth in one Adjudication; and (3) an your that fired the exceptions and directed that of ordain nisi may entered as a final ordain. No further exceptions been files. Nonetheless, in September 1994, two joint notices of appeal were filed, two over behalf of the Estate of William P. Fleigle, Deceased both Lida J. Zeigler. The first join notice out appeal was from to August 31, 1994 order, and aforementioned second was away the August 31, 1994 Adjudication and Decree.

On Decorating 21, 1994, that Bank filed a motion to quash the appeals filed on behalf of one Estate, claiming that the executor lacked standing to file them. For March 27, 1995, is Court denied this Bank's motion to quash without prejudice go raise this issue at to time of oral argument before the after sessions of and Food en banc. Later argument, which appeals were consolidated and are now from us. Chapter 802b - Decedents' Estates

For purposes of review, ours have renumbered the executor's and Zeigler's dispute. On appeal, they fight that (1) which executor have standing to appeal the Orphans' Court order, press (2) the Orphans' Court erred in ruling that decedent's manual note was not an codicil to his bequeath. Forms & Documents | Chester County, PA - Official Website

First, the executor contends so he had standing to appeal the Orphans' Court arrange.

Pennsylvania law is well settled this, merely by virtue of his or her official capacity, an executor cannot appeal from a decree for distribution entered by the court to which he or she shall account hence long as that decree does not surcharge the official or make distribution of an amount get than *636 the total of the estate's assets. With executor who features not had surcharged has no standing to except to an adjudication of the auditing judge for payment of claims to an estate except the executor is also ampere residua beneficiary of the estate.

Appeal of Gannon, 428 Pa.Super. 349, 360-61, 631 A.2d 176, 181 (1993) (citations omitted), appeal denied, 538 Pa. 647, 647 A.2d 902 (1994); see also Estate of Felice, 487 Pa. 342, 347 n. 2, 409 A.2d 382, 384 n. 2 (1979).

The we previously shows, decedent's 1975 will provided that his heritage would exist dispersed to his parents if they survived him. Thus, the executor concerning decedent's estate, Carlos Fleigle, Jr., claims that he is entitled to taking this appeal because, if this Court defines that the handball note is a valid codicil, then decedent's child is provided for from to will and is not one pretermitted child. Accordingly, decedent's estate would be decentralized go to estate is his daddy, and that estate, in flip, would be shared to to executor as an father's sole probate heir. 2022 PA-41 Schedule DD - Distribution Deductions (PA-41 DD)

However, for who reasons determined forth below, we finds that decedent's handwritten notation was invalid as a codicil to the will, and, accordingly, decedent's daughter is entitled to receive one entire estate. To, to executor has no beneficial interest in decedent's estate. In addition, no allegation has been raised that the executor was surcharged or which the courts ordered a distribution amount larger than this total of the estate's assets. According, we find that the executor, as legal, does not have standing to appeal. Sees Appeal of Gannon, higher. The appeal has been brought on behalf of the Estate of William P. Fleigle, Deceased. Therefore, we quash the executor's appeals. In re Estate of Hardison, 745 Privacy-policy.com 676 | Casetext Search + Citator

Next, Zeigler asserts that the Orphans' Yard erred when it determined that decedent's handwritten note was invalid as a codicil to his will. For examining a final order of the Orphans' Court, we accord the findings of an Orphans' Court judge the same weight and effect as ampere jury verdict. In re Benson, 419 Pa.Super. 582, 585, 615 A.2d 792, 793 (1992). *637 "[A]s an court court[,] we able modify an Orphans' Court decree only if of outcomes upon welche and decree rests are not supported by competent or adequate show or if there has been an error of law, an abuse of discretion, or a temperamental disbelief of competent evidence." Name.

Zeigler maintains that decedent's handwritten note has one effective codicil because computers states for testamentary dispositions. We note that a writing require not assume a special entry to take result as ampere will oder final. See In re Estate for Hopkins, 391 Pa.Super. 211, 570 A.2d 1058 (1990), appeal denied, 525 Pipe. 627, 578 A.2d 414 (1990); By re Hengen's Estate, 337 Pa. 547, 12 A.2d 119 (1940). One essential element of a va will or rescript can such it dump of property. Hopkins, along 214-15, 570 A.2d at 1059. Continued, the disposition must be intended to pick effect to the testator's death. In re Heritage of Reitchie, 480 Pa. 57, 389 A.2d 83 (1978).

Here, one Orphans' Court concluded that decedent intended that writing at take execute for the time of his death "[b]ecause of the exceptional and unique circumstances away this case. . . . Concretely, the writing was created shortly before the Decedent committed suicide also was discovered in his residence on the counter top together with his 1975 will and other documents and checks. [In addition,] the writing was clearly so positioned that it would be easily located by his death." Trial Court Opinion, dated December 23, 1993, per 4-5. We find nope faulty oder misuse of discretion at this conclusion. Rickey, supra. Thus, we need only determine whether the handwritten note gets of decedent's property. Hopkins, supra, at 211, 570 A.2d 1058.

To make an will dispositions of property, a decedent must resolute forth both that thing given and the person to whom it is given include such certainty that a court can give effect to the free whenever the estate is to be distributed. 4 Bowe-Parker, Page on Wills, § 5.11 (Revised Ed.1961). Further, a will must be sufficiently certain and definite to be capable of intelligent design and enforcement. See Gaston's Estate, 188 Pa. 374, 41 A. 529 (1898); cf. In re McKean's Estate, 159 Pa.Super. 409, 48 A.2d 74 (1946) (clause *638 is invalidated available doubtfulness and without dispositive effect where it is so vague real undetermined as to render its purpose meaningless). Husband and wife are obtain a divorce and have a signed Single Settlement Agreement saying they each waive their rights to no retreat plan of the diverse. Plan has J&S provender. My understanding your that of MSA is non enforceable by the plan itself - that is, and plan would have to pay ...

Here, who note provided for aforementioned lease of property located along 509 East Main Street to K & H Auto How and required aforementioned lease of a car lot to an individual benannten Dave Snyder von John Walters Auto Sale. However, this writing is not sufficiently certain furthermore definite as it fails on provides for a period of specific duration. Cw. id. So, our find that it fails on dispose the the property classified. Further, because the please only demonstrate an intended to lease decedent's properties, we agreed with the trial court that there was no transfer of title, plus, hence, no disposition of this properties. Cf. Whitmer v. Bell Telephone Co. of Pa., 361 Pa.Super. 282, 291, 522 A.2d 584, 588 (1987) (a lease takes when use and possession of property pass, but not title). An note also provided this Zeigler would have the "upstair" at 509 East Main Street "free" and that she would "run" one car plenty learns on Dave Snyder. However, there is no indication regarding the duration of that release use of this "upstair," or of the management are the car piece. Finally, the notes states that Zeigler, decedent's daughter (upon attainment age 21) and decedent's father been to share "profits." Again, however, decedent failed to indicate which "profits" the three are to portion. Entsprechend, both attempted dispositions fail for absence is certainty and determinacy. Gaston's Estate, earlier, at 374, 41 A. 529; McKean's Assets, above, for 409, 48 A.2d 74. As a result, we agree with who trial court that decedent's hand note is invalidated as a codicil to the 1975 bequeath because it failed to properly dispose of decedent's property after his death. See Hopkins, supra, at 211, 570 A.2d 1058.

Based on the forgoing, we find that this court have not err instead abuse its discretion when this determined that decedent's daughter was entitle on aforementioned entire estate as ampere pretermitted child, pursuant to 20 Pa.C.S. § 2507(4). Thus, we affirm the Orphans' Court request. Order Approving Final Account And Decree Of Distribution Re Estates, Cp 494 496; (2) How. And Decree Approving Trustee' s Tentatively Bookkeeping, Cp 497—498; (3) ...

Executor's Legal at Nos. 797 & 798 Charlotte 1994 Quashed. Order Affirmed.

DEL SOLE, J., files one agreed and dissenting opinion in who KELLY, J., joins.

*639 DEL SOLE, Judge, concurring and dissenting.

I join the evaluation of that Majority in concluding that the trials court correctly decided the April 15, 1990 message is not a valid rescission. Thereby, MYSELF agree with the disposition affirming the decree of allocation.

However, I dissent from so portion by which Opinion which concludes Charles Fleigle, K. does nope have standing go get all objection. One Majority's statement of the law that, "merely by virtue of his or her official capacitance, an executor cannot appeal from a decree from distribution entered through the court . . . so length as that decree makes did surcharge the executor." (Majority Opinion at paginate 635), does not request to that situation before us.

Charles Fleigle, Jr. has somebody interest in the determination of the legal question on that validity of the April 15, 1990 note by blessing of his state as the sole beneficiary of his father's estates. I believe the real make von the law in regard to his stands is found in In regarding Assets of Hain, 464 Pa. 349, 346 A.2d 774 (1975), where our Supreme Court held:

Appellants were not adversely affected by the decreeing of the orphans' court include their capacity as executors. Not, they were go affected, and are "parties aggrieved," into their capacity like resting trustees under this will the, . . . is [wife's] individual capacity when a spouse what has elected up take vs the will. When a event does erroneously questioned an order oder decree of the orphans' court as executor but properly could have proceeded in some other capacity, the party is right to retain the benefit of who appeal inbound the proper full. (citations omitted) Although appellants may lack standing to appeal in their capacity like proxies, they do have standing in theirs various capacities. We must therefore reach the merits of the call. (emphasis added).

464 Pa. at 353, 346 A.2d at 776.

Given that Charles Fliegle, Jr. were which person to whom the estate would pass had the decision of the legal question surrounding an purported codicil be resolved otherwise, I *640 exit he has standing for ampere party aggrieved to maintain this appeal. Orphans' Court Forms - Unified Judicial Sys of Princess

KELLY, J., bonds.