Legal Opinion · Dissent

In Re Estate of Devine

Superior Court of Pennsylvania

Decided October 18, 2006No. 3294 EDA 2005Published

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

  1. In Re Revocation of Revocable Trust of FellmanSuperior Court of Pennsylvania · 1992
  2. Estate of TonnerSuperior Court of Pennsylvania · 1986

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