Estate of Borst v. Edward Stover Sr. Testamentary Trust
30 A.3d 1207
Pa. Super. Ct.2011Background
- Stoverdale Campground property formerly owned by Edward Stover, Sr., is now held by the Edward Stover Sr. Testamentary Trust.
- Tenants occupied campground lots under month-to-month leases and were notified to vacate by November 1, 2007.
- Tenants contend the decedent's testamentary documents give them rights, including a right of first refusal, to the property or its purchase at FMV.
- Trust contends Tenants have no such rights and that they must vacate; the case involves ejectment and potential interpretation of the will.
- Trust served Requests for Admissions on December 14, 2009; Tenants failed to timely respond, then filed a nunc pro tunc response admitting some matters.
- Trial court granted summary judgment to the Trust based on deemed admissions; Tenants appealed alleging improper scope of admissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were the requests for admissions within Rule 4014's scope? | Tenants: admissions exceeded permissible scope, constituting legal conclusions. | Stover Trust: admissions on the will interpretation were proper and decisive. | Yes; admissions included improper legal conclusions, improper for Rule 4014 and summary judgment. |
Key Cases Cited
- Dwight v. Girard Med. Ctr., 623 A.2d 913 (Pa. Cmwlth. 1993) (withdrawal of admissions favored to promote merits; avoid broad, improper admissions)
- Stimmler v. Chestnut Hill Hosp., 602 Pa. 539, 981 A.2d 145 (2009) (recognizes limits of deemed admissions and withdrawal principles)
- In re Barnes Found., 453 Pa. Super. 243, 683 A.2d 894 (1996) (interpretation of wills as a question of law)