Wednesday, May 5, 2021

Dead Man's Rule Reviewed By Pennsylvania Superior Court


In its latest pronouncement on the Dead Man’s Act, 42 Pa. C.S.A.  §5930, the Pennsylvania Superior Court, in the case of In re estate of Cerullo, 2020 Pa Super 2007 (Pa. Super. Feb. 25, 2021 Stabile, J., Nichols, J., Colins, J.) ( Op. by Stabile, J.), found that the Act precluded testimony by a spouse and several witnesses in an evidentiary hearing on an objection to a first and final account of an estate.  The court went on to rule that, without such testimony, there is insufficient evidence to support a claim of a gift made by the deceiving.  


Anyone wishing to review a copy of this decision may click this LINK.


Source:  “Court summaries,” by Timothy L. Clawges of the  Pennsylvania Bar News (April 5, 2021). 


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