Briskman Estate:
History and Current Developments

Copyright 2002-2003 Daniel B. Evans. All rights reserved.
Last updated: 9/18/2003

On September 17, 2003, the Supreme Court denied the petition for allowance of appeal. (Order of 9/17/2003, No. 628 EAL 2002.) This means that the Supreme Court was not willing to hear the appeal and the Superior Court decision stands.

However, the litigation is not over. I have consulted with the fiduciaries and beneficiaries under the will dated August 1, 1984 (which has been probated in Florida where the decedent was domiciled) and we will go back to the beginning and start over, if necessary.

It is possible to go back to the Orphans' Court and start over because (a) the Superior Court decision was based on a lack of standing and lack of jurisdiction, which means that it not a decision on the merits and not res adjudicata, and (b) the normal one year statute of limitations on appeals from the Register of Wills does not apply when there has been a fraud on the Register. Kirkander Estate, 490 Pa. 49, 415 A.2d 26 (1980).

Further progress will be posted as it develops.

On December 13, 2002, I filed a petition for allowance of appeal from the decision of the Superior Court. Four grounds are listed for the appeal:

(My thanks to Thomas D. Schneider for his help in the preparation of this petition.)

On December 30, 2002, attorneys for Mark Resop filed a brief in opposition to the petition for the allowance of an appeal.

For the benefit of other lawyers in Pennsylvania who may be interested in the case and the issues raised by the case, I have made available copies of the following documents:

I may add additional documents to this page as the case progresses.

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