In Re: Estate of Coyne, B.

CourtSuperior Court of Pennsylvania
DecidedMarch 27, 2024
Docket994 MDA 2023
StatusUnpublished

This text of In Re: Estate of Coyne, B. (In Re: Estate of Coyne, B.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Estate of Coyne, B., (Pa. Ct. App. 2024).

Opinion

J-S03003-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ESTATE OF BEVERLY COYNE, : IN THE SUPERIOR COURT OF DECEASED : PENNSYLVANIA : : APPEAL OF: STEVEN COYNE : : : : : No. 994 MDA 2023

Appeal from the Order Entered June 15, 2023 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): 2021-00803

BEFORE: OLSON, J., NICHOLS, J., and BECK, J.

MEMORANDUM BY OLSON, J.: FILED: MARCH 27, 2024

Appellant, Steven Coyne, appeals from the order entered June 15, 2023,

which denied his challenge to the probate of a will executed by Decedent,

Beverly Coyne, on July 1, 2023 (hereinafter the July 2013 will). We vacate

and remand for further proceedings consistent with this memorandum.

On July 1, 2013, Decedent executed the July 2013 will, which was a

“formal legal document, prepared by [] James Mangan[, Esquire], and

appropriately executed and drafted.” Orphans’ Court Opinion, 6/15/23, at 2.

The orphans’ court summarized the contents of the July 2013 will as follows:

[Decedent] left her estate to her sons, David and James [Coyne], and named her son[,] James[,] executor with David as alternate Executor. She further [left] her residuary Estate to those of [her] sons who survive[d her] and to the issue who survive[d her] of those of [her] sons who predecease [her], per stirpes.

Id. at 1 (internal quotation marks omitted) (emphasis added). J-S03003-24

On July 28, 2020, Decedent deeded her home, located on Prescott

Avenue, Scranton, Pennsylvania, to her son, James Coyne (hereinafter, “the

Property”). Thereafter, on December 16, 2020, Decedent’s son, David Coyne,

passed away and, as such, under the terms of the July 2013 will, her “entire

estate [apart from residuary property] passed to her son James [Coyne].” Id.

Decedent died on April 27, 2021 “when she was no longer seized of the

[P]roperty.” Id. at 2. The July 2013 will was ultimately admitted to probate

by the Lackawanna County Register of Wills and letters testamentary were

granted to James Coyne as executor on July 29, 2021.

On November 22, 2022, Appellant1 appealed the Register's decree and

filed a petition to set aside the July 2013 will and substitute a will dated July

8, 2018 (hereinafter, the “July 2018 will”). The orphans’ court provided the

following summary regarding the July 2018 will:

[The July 2018 will] left [the Property] . . . to any of [Decedent’s] children or grandchild whoever desire[d] it with [her] son, James, or grandson, Steven[,] having first choice. [The July 2018 will] is a form which appears to have been self-executed by [Decedent] and subsequently stored in a cabinet in her home.

Id. (internal quotation marks omitted). The July 2018 will included a

statement indicating Decedent’s revocation of “all former wills and codicils that

[she] previously made.” Id.

____________________________________________

1 Appellant is the son of Decedent’s daughter, Sheila Coyne.Neither Sheila Coyne, nor her issue, received a share of Decedent’s estate under the July 2013 will. See Orphans’ Court Opinion, 6/15/23, at 1-2.

-2- J-S03003-24

On January 11, 2023, the orphans’ court convened a hearing on

Appellant’s petition. On June 15, 2023, the orphans’ court issued an order

denying Appellant’s petition as moot. This timely appeal followed.2

Appellant raises the following issue on appeal:3

2 A review of the certified record reveals that, after Appellant filed a notice of

appeal, the orphans’ court entered an order on July 18, 2023 directing Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) within 20 days. Appellant, however, did not file his Rule 1925(b) statement until September 28, 2023. In general, the “failure to file a Rule 1925(b) statement would result in the waiver of an appellant’s issues on appeal.” See Greater Erie Indus. Dev. Corp. v. Presque Isle Downs, Inc., 88 A.3d 222, 224 (Pa. Super. 2014) (en banc) (citation omitted); see also Commonwealth v. Castillo, 888 A.2d 775, 780 (Pa. 2005) (explaining that an untimely concise statement waives all claims on appeal); Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998) (“[F]rom this date forward . . . [a]ppellants must comply whenever the trial court orders them to file a [s]tatement of [errors] [c]omplained of on [a]ppeal pursuant to Rule 1925. Any issues not raised in a 1925(b) statement will be deemed waived.”). In this instance, however, there is no notation on the docket that Appellant was served with notice of the trial court’s 1925(b) order as required by Pa.R.Civ.P. 236(b) (“The prothonotary shall note in the docket the giving of the notice[.]”). Because the orphans’ court did not note on the docket the date and manner by which Appellant was served the Rule 1925(b) order, we decline to conclude that Appellant’s claims are waived on appeal. See In re L.M., 923 A.2d 505, 510 (Pa. Super. 2010) (declining to find the appellant’s issues waived on appeal where docket does not reflect service of concise statement order).

3 Appellant’s Statement of the Questions Involved on Appeal are as follows:

1. Did the [o]rphans[ c]ourt err in determining that the petition for appeal should be denied as moot?

2. Did the [o]rphans[ c]ourt err in determining that [the] conveyance of real property out of the testamentary estate rendered the probate of the [the July 2018 will] moot? (Footnote Continued Next Page)

-3- J-S03003-24

[Whether the orphans’ court erred in denying or refusing to entertain Appellant’s petition to set aside the July 2013 will on grounds that the petition asserted claims that were mooted by Decedent’s pre-death transfer of the Property?]

See generally Appellant’s Brief at 6.

On appeal, Appellant challenges the orphans’ court’s disposition of his

petition to set aside the July 2013 will. Our standard and scope of review over

Appellant's claim is as follows:

Our scope of review in this appeal from an [o]rphan[s’ c]ourt decree is limited. We will not disturb the trial court's findings absent a manifest error; we may modify the decree only if the findings upon which the decree rests are unsupported by the evidence or if there has been an error of law, an abuse of discretion or a capricious disbelief of competent evidence.

3. Did the [o]rphans[ c]ourt err in failing to permit the probate of the [the July 2018 will]?

4. Did the [o]rphans[ c]ourt err in holding that failure to act did not “cause one party to suffer some detriment without the court’[s] decision in accordance with Philadelphia Public School Notebook v. School District of Philadelphia, 49 A.3d 445 (Pa. [Commw]. 2012)? Appellant’s Brief at 6.

Appellant’s brief, however, is not divided into sections corresponding to each of his questions presented, in violation of Pa.R.A.P. 2119 (“The argument shall be divided into as many parts as there are questions to be argued”). It is within this Court’s power to quash an appeal for clear violation of our appellate rules. See Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity, 32 A.3d 800, 804 n.6 (Pa. Super.

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Related

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966 A.2d 630 (Superior Court of Pennsylvania, 2009)
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Barrick v. Holy Spirit Hospital of the Sisters of Christian Charity
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Bluebook (online)
In Re: Estate of Coyne, B., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-coyne-b-pasuperct-2024.