In Re: Donald Bosley, 2011 Pa. Super 126 (Pa. Super. 2011)

Opinion by Lazarus, J.

In 1987, Donald Bosley - the deceased - executed a will in which he named his brother as his executor, and left him a six acre home, several smaller properties, and a half-share of his substantial stock-holdings.  In 2003 he revoked the 1987 will, named his second cousin once removed executor of his new will, and gave the cousin two of the Maryland properties that would otherwise have gone to his brother.

After the deceased's death, his brother contested the new will.  Following a three-day trial, the orphan's court (1) removed the cousin as executor, (2) denied the brother's appeal from probate, and declared his power of attorney void ab initio, and (3) upheld the 2003 will as valid.  The brother appealed.


First, the brother contended that the cousin's father exercised undue influence over the deceased, and that the cousin himself received a collateral benefit.  The Superior Court rejected the brother's reliance on the collateral benefits doctrine, because (1) the cousin's father did not have significant discretion in distributing the decedent's assets, (2) an independent basis exists to explain the deceased's bequest to the cousin, and the collateral benefits rule is therefore inapplicable.

Next, the brother argued that the trial court erred in declaring his power of attorney to be void ab initio, because the question was not squarely before it or relevant to the disposition of any other pending issue.  The Superior Court agreed with him on this point, and held that, because the trial court specified the issues that would be adjudicated at the trial, a decision on other issues, even if covered by the evidence at the hearing, was a violation of due process.

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