Legal Opinion

Brokans v. Melnick

Supreme Court of Pennsylvania

Decided December 20, 1989No. 557PublishedCited by 19 opinions

1Opinion of the Court

POPOVICH, Judge:

Herein, our Court is presented with the opportunity to determine whether a total stranger to a decedent and his or her heirs can qualify as a “fit person” who is entitled to be granted letters of administration pursuant to 20 Pa.C.S.A. § 3155(b)(5). After lengthy consideration of the facts and relevant case law, we are convinced that we are entirely within our authority in holding that the Register of Wills’ act of granting letters of administration to appellant was void ab initio, and, consequently, Administrator Edmund J. Brokans lacked the capacity to sue on behalf of the…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Friese's EstateSupreme Court of Pennsylvania · 1934
  2. Jones v. P.M.A. InsuranceSupreme Court of Pennsylvania · 1985
  3. West, Admrx. v. YoungSupreme Court of Pennsylvania · 1938
  4. Ellmaker's EstateSupreme Court of Pennsylvania · 1835
  5. Warner's EstateSupreme Court of Pennsylvania · 1904

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3Cited by19 opinions

  1. Shay v. Flight C Helicopter Services, Inc.Superior Court of Pennsylvania · 2003
  2. Barnes v. McKellarSuperior Court of Pennsylvania · 1994
  3. Dime Savings Bank, FSB v. GreeneSuperior Court of Pennsylvania · 2002
  4. Meritor Motgage Corp.—East v. HendersonSuperior Court of Pennsylvania · 1992
  5. Appeal of GannonSuperior Court of Pennsylvania · 1993

14 more not listed; retrieve them via the Exa API.

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