Estate of Philip F. Young v. Louis, R.

Opinion

J-A18006-18

2018 PA Super 358

THE ESTATE OF PHILIP F. YOUNG : IN THE SUPERIOR COURT OF AND BRINTON YOUNG, : PENNSYLVANIA INDIVIDUALLY AND AS EXECUTOR : OF THE ESTATE OF PHILIP F. YOUNG : : Appellants : : : v. : No. 2898 EDA 2017 : : ROBERT LOUIS, ESQUIRE AND SAUL : EWING, LLP :

Appeal from the Order Dated August 2, 2017 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): June Term, 2015, NO. 01733

BEFORE: STABILE, J., STEVENS*, P.J.E., and STRASSBURGER**, J.

CONCURRING OPINION BY STRASSBURGER, J.:FILED DECEMBER 31, 2018

I join the learned Majority. The quote often attributed, perhaps

incorrectly, to Albert Einstein, “insanity is doing the same thing and expecting

a different result” is wisdom, regardless of who said it. I was the author of

the panel opinion of the Superior Court in Estate of Agnew v. Ross, 110

A.3d 1020 (Pa. Super. 2015) rev’d 152 A.3d 247 (Pa. 2017), a case noted by

the Majority here as remarkably similar to this case. The panel of this Court

in Agnew found standing for the purported beneficiaries. Our Supreme Court

reversed. I will not do the same thing again, expecting a different result.

Judge Stabile joins the concurring opinion.

____________________________________ * Former Justice specially assigned to the Superior Court. ** Retired Senior Judge assigned to the Superior Court.