In Re Estate of Devine
Superior Court of Pennsylvania
1Dissent
DISSENTING OPINION BY
KLEIN, J.:
¶ 1 I respectfully dissent from the Majority’s decision to uphold the inclusion of *704the Drexel Avenue property in the inventory of settlor Anna Marie Devine, a/k/a Marie Gallagher’s (“decedent”) estate. I believe that the trust document is clear and creates an irrevocable trust without a power to terminate.
¶2 It is well settled that a settlor has the power to revoke a trust only if he has reserved such power by the terms of the trust. In re Fellman, 412 Pa.Super. 577, 604 A.2d 263 (1992) (citing Restatement (Second) of Trusts § 330(a)). Here, the power of sale…
2Cases cited2 opinions
- In Re Revocation of Revocable Trust of FellmanSuperior Court of Pennsylvania · 1992
- Estate of TonnerSuperior Court of Pennsylvania · 1986