In Re Estate of Luongo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “a mere showing of a relationship to the decedent and/or beneficiary status under the probated will is insufficient to confer standing[.]”
• indicating that a challenge to a will based on undue influence raises an intrinsic defect in the instrument
• stating that “once a will is proved to be intrinsically invalid, it no longer has the effect of revoking prior wills because the entire instrument is inoperative, including the revocation provision.”
• noting that when reviewing an orphans’ court’s ruling on preliminary objections in the nature of a demurrer in the context of a Will contest, the appellate court accepts as true the well-pleaded factual averments
• stating that “[w]hen a preliminary objection is raised in the nature of a demurrer, we are limited to determining whether, on the basis of the allegations pled, any cause of action may be recognized at law.”
• “A demurrer is a preliminary objection that the pleading fails to set forth a cause of action upon which relief can be granted under any theory of law.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).