Legal Opinion

In re Estate of Boyce

Pennsylvania Court of Common Pleas, Philadelphia County

Decided April 9, 2014No. 1123 IC of 2013Published

1Opinion of the Court

HERRON, J.,

*2Introduction

The appeal that has been filed on behalf of Marita K. Boyce raises the question of whether objections to the procedure for her adjudication of incapacity may be raised for the first time on appeal- where none of these issues were presented to the Orphans’ Court prior to the filing of the appeal. Beyond this issue of waiver is the larger question of whether the best interests of Marita Boyce would be served if the appeal were quashed so that a prompt, expeditious review hearing pursuant to 20 Pa.C.S. § 5512.2 could be held to protect her interests. Because of the extreme…

2Cases cited5 opinions

  1. Commonwealth v. OlsenSuperior Court of Pennsylvania · 2013
  2. In re Estate of RosengartenSuperior Court of Pennsylvania · 2005
  3. Law Office of Douglas T. Harris v. Philadelphia Waterfront Partners, LPSuperior Court of Pennsylvania · 2008
  4. In re S.C.B.Superior Court of Pennsylvania · 2010
  5. Smith v. SmithSupreme Court of Pennsylvania · 1987

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