Friday, July 9, 2010

IN RE: ESTATE OF CLARENCE A. WARDEN, DECEASED APPEAL OF: CHARLES LEMENESTREL & GENEVIEVE LEMENESTREL-MANAS

IN RE: ESTATE OF CLARENCE A. WARDEN, DECEASED
APPEAL OF: CHARLES LEMENESTREL & GENEVIEVE LEMENESTREL-MANAS

No. 1231 EDA 2009 2010 PA Super 121 Atlantic: n/a Filed: 7/9/2010

Appeal from the Order entered March 16, 2009
In the Court of Common Pleas of Delaware County
Orphan’s No.: 405 of 1958
Before: BOWES, OTT, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellants, Charles LeMenestrel and Genevieve LeMenestrel-Manas (“Appellants”), appeal from the order entered in the Court of Common Pleas of Delaware County, which overruled their objections to the accounting and denied their claim for imposition of a surcharge on the Trustees, William G. Warden III (“Warden III”) and Wachovia Bank, N.A. (“Wachovia”) (collectively, “Trustees”). We hold that under these facts, Trustees acted in good faith and did not engage in intentionally dishonest behavior. Finally, we hold that under the facts of this case, acquiescence and laches bars Appellants’ claims. Accordingly, we affirm.
-----------------------------------------------------Want 50 state & federal case law? - click here

No comments: