In re Vlah

41 Pa. D. & C.5th 1
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedSeptember 8, 2014
DocketNo. 21 of 2014 O.C
StatusPublished

This text of 41 Pa. D. & C.5th 1 (In re Vlah) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Vlah, 41 Pa. D. & C.5th 1 (Pa. Super. Ct. 2014).

Opinion

HODGE, J.,

Before the court for disposition is a motion in limine filed on behalf of the petitioner, Patricia A. Rosta, seeking to permit the use of testimony supporting her contention that she and the decedent, Randall M. Vlah, were common-law husband and wife. Prior to analyzing the merits of the pending motion in limine, the court will summarize the relevant procedural and factual background of these proceedings.

On January 22, 2014, the respondent, Ronald Stickle, filed a petition for letters of administration of the Estate of Randall M. Vlah. The Lawrence County Register of Wills granted respondent’s request and issued letters of administration to the respondent. On February 26, 2014, the petitioner requested the court issue a Rule to Show Cause as to why an appeal from probate should not be sustained. On March 13,2014, respondent filed an answer to the rule, and the court scheduled a hearing on the matter. Petitioner subsequently filed the instant motion in limine, wherein Petitioner requested the court permit her to introduce testimony from certain individuals regarding the decedent’s relationship to the petitioner. Petitioner’s motion is properly before the court for disposition.

Pennsylvania adopted the Dead Man’s Act at 42 Pa.C.S.A. Section 5930, (hereinafter, the “Act”). The Act [3]*3provides:

[I]n any civil action or proceeding, where any party to a thing or contract in action is dead, or has been adjudged a lunatic and his right thereto or therein has passed, either by his own act or by the act of the law, to a party on the record who represents his interest in the subject in controversy, neither any surviving or remaining party to such thing or contract, nor any other person whose interest shall be adverse to the said right of such deceased or lunatic party, shall be a competent witness to any matter occurring before the death of said party or the adjudication of his lunacy, unless the action or proceeding is by or against the surviving or remaining partners, joint promisors or joint promisees, of such deceased or lunatic party, and the matter occurred between such surviving or remaining partners, joint promisors or joint promisees and the other party on the record, or between such surviving or remaining partners, promisors or promisees and the person having an interest adverse to them, in which case any person may testify to such matters; or, unless the action is a possessoiy action against several defendants, and one or more of said defendants disclaims of record any title to the premises in controversy at the time the suit was brought and also pays into court the costs accrued at the time of his disclaimer, or gives security therefor as the court in its discretion may direct, in which case such disclaiming defendant shall be a fully competent witness; or, unless the issue or inquiry be devisavit vel non, or be any other issue or inquiry respecting the [4]*4property of a deceased owner, and the controversy is between parties respectively claiming such property by devolution on the death of such owner, in which case all persons shall be fully competent witnesses.

42 Pa.C.S.A. § 5930.

The purpose of the act is “‘to prevent the injustice which might flow from permitting the surviving party to a transaction with a decedent to give testimony thereon favorable to himself and adverse to the decedent, which the latter’s representative would be in no position to refute.’” Stathas v. Wade Estate, 380 A.2d 482, 483 (Pa.Super. 1977) (internal citation omitted). Before a witness is declared incompetent to testify under the Dead Man’s Act, three conditions must exist: (1) the deceased must have had an actual right or interest in the matter at issue; (2) the interest of the witness, not simply the testimony, must be adverse to that of the decedent; and (3) a right of the deceased must have passed to a party of record who represents the deceased’s interest. Olson v. North American Industrial Supply, 658 A.2d 358 (Pa.Super. 1995).

Petitioner and respondent both cite to the case of In re Estate of Stauffer, 476 A.2d 354 (Pa. 1984) to support their respective positions. Upon thorough review, this court finds the Supreme Court of Pennsylvania’s holding in the Stauffer case to be dispositive of the issue pending before the court. In Stauffer, the decedent, Warren Stauffer, died on December 8, 1979, leaving a will devising his entire estate to his brother. Id. at 355. Bebeann O’Halloran filed an election to take against the will on the basis that she [5]*5was the wife of the decedent by way of a common-law marriage. Id. The sole issue at trial was whether Bebeann O’Halloran was the common-law wife of the decedent. Id. at 356. At trial, counsel for the estate objected to any testimony of Ms. O’Halloran that would relate to any conversation she had with the deceased prior to his death on the basis of the Dead Man’s Act. Id. The trial judge, basing his decision upon a reading of In re Estate of McClain, 392 A.2d 1371 (Pa. 1978), concluded that Ms. O’Halloran was competent to testify. Id. Testator’s putative common-law widow, after first filing a challenge to testator’s will, subsequently filed an election to take against the will. Id. On appeal, the Superior Court affirmed the trial court’s decision. See, 462 A.2d 750.

Decedent’s brother, and sole devisee in decedent’s will, appealed the matter to the Supreme Court, which held that a widow who claimed a spouse’s elective share against the will of a decedent could not testify under any exception to the Dead Man’s Act in order to establish her status as a common-law spouse. In its analysis, the Stauffer Court recognized that “the law imposes a heavy burden on one who grounds his or her claim on an allegation of common-law marriage. This is especially so where one of the parties is dead and the claim, so grounded, is to share in the distribution of the estate.” 476 A.2d at 356.

The purpose of the Dead Man’s Act is “to prevent the injustice which might flow from permitting the surviving party to a transaction with a decedent to give testimony thereon favorable to [her] self and adverse to the decedent, which the latter’s representative would be in no position [6]*6to refute.” Id. (quoting Estate of Kofsky, 409 A.2d 1358, 1359 (Pa. 1979).

Similar to the petitioner in the instant case, Ms. O’Halloran, claimed that she was competent to testify based upon the devisavit vel non exception to the Dead Man’s Act. Stauffer, 476 A.2d at 356. This exception permits testimony as to the intent of a testator to be elicited from those who would otherwise be incompetent to testify under the Act. Id. The Stauffer Court succinctly explained that

[i]n Dalbey’s Estate, 192 A. 129 (Pa.

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Related

In Re Estate of Stauffer
476 A.2d 354 (Supreme Court of Pennsylvania, 1984)
Stathas v. Wade Estate
380 A.2d 482 (Superior Court of Pennsylvania, 1977)
Olson v. North American Industrial Supply, Inc.
658 A.2d 358 (Superior Court of Pennsylvania, 1995)
Estate of Kofsky
409 A.2d 1358 (Supreme Court of Pennsylvania, 1979)
In Re Estate of McClain
392 A.2d 1371 (Supreme Court of Pennsylvania, 1978)
Dalbey's Estate
192 A. 129 (Supreme Court of Pennsylvania, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
41 Pa. D. & C.5th 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vlah-pactcompllawren-2014.