Legal Opinion · Dissent

In re Estate of Livingston

Superior Court of Pennsylvania

Decided March 26, 1990No. 01809Published

1DissentBrosky, Judge

I dissent. The issue in this case, reduced to its most essential form, is whether a dispute as to ownership of property, listed by an administrator or executor of an estate in an inventory as estate property, must be presented as a claim within the dictates of 20 Pa.C.S. §§ 3381-3389. The majority concludes that it must and also finds appellant’s assertion of ownership to be outside of the applicable statute of limitations, thus, time barred. I believe there is a total lack of authority and logic to support this position, thus, my dissent.

Appellant was the wife of Ronald Livingston who died…

2Cases cited7 opinions

  1. Holmes EstateSupreme Court of Pennsylvania · 1964
  2. Clingerman v. SadowskiSupreme Court of Pennsylvania · 1986
  3. Donsavage EstateSupreme Court of Pennsylvania · 1966
  4. Cohen v. GoldbergSupreme Court of Pennsylvania · 1968
  5. In Re Estate of EvansSupreme Court of Pennsylvania · 1976

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