Jenkins, M. v. Jenkins, A. and Moody, L.
1344 MDA 2015
Pa. Super. Ct.Jul 13, 2016Background
- Decedent died testate in 2007; will gave son Mark E. Jenkins (Appellant) a right of first refusal to purchase the 50‑acre farm at appraised value or at a price agreed among the four children, with allowance for estate financing if needed.
- Appellant lived and farmed on the property and attempted to purchase after a 2007 appraisal valued the farm at $185,000.
- Appellees Allen Jenkins and Lana Moody (co‑executors and siblings) set deadlines in 2008–2009 for Appellant to secure financing; they transferred the farm to themselves via an executors’ deed in June 2009 without court approval and without offering a joint purchase to Appellant.
- In April 2010 Appellees executed an oil and gas lease on the farm and received $150,000 in April–July 2010 from the lessee (Chief Exploration).
- The orphans’ court invalidated the June 2009 executors’ deed, ordered the estate to re‑offer the farm to Appellant at appraised value, required credit to Appellant for his estate share and the Chief Exploration payment, and directed Appellees to place the $150,000 into the estate; Appellant sought a full allocation of the oil/gas payment to him and surcharges/fees against the co‑executors.
- The trial court denied Appellant’s requests for allocation of the entire oil/gas proceeds to him and for surcharge/attorney’s fees; Appellant appealed.
Issues
| Issue | Plaintiff's Argument (Jenkins) | Defendant's Argument (Moody & Allen Jenkins / Estate) | Held |
|---|---|---|---|
| Whether the 2010 oil/gas lease payment (plus interest) should be allocated entirely to Appellant because the co‑executors’ wrongful delay caused the lease income | The estate’s wrongful conduct prevented his purchase; therefore the entire $150,000 (plus interest) should be awarded to him | The court treated the payment as estate property to be credited to Appellant’s share rather than allocated in full to him | Waived: Appellant’s appellate brief failed to develop the argument or cite record/authority, so the Court declined review |
| Whether Appellant is entitled to surcharge, attorney’s fees, or damages against the co‑executors for mishandling the farm/estate | Requests surcharge, fees, and damages for the co‑executors’ improper actions and failure to maintain the farm | The issue was not raised in the trial court; remedies were not sought below | Waived: Claims not preserved in lower court cannot be raised on appeal (Pa.R.A.P. 302(a)) |
Key Cases Cited
- Estate of Sacchetti v. Sacchetti, 128 A.3d 273 (Pa. Super. 2015) (standards for reviewing orphans’ court factual findings and abuse of discretion)
- Krauss v. Trane U.S. Inc., 104 A.3d 556 (Pa. Super. 2014) (appellate court will not develop arguments for appellant; briefing requirements)
- Eckman v. Erie Ins. Exchange, 21 A.3d 1203 (Pa. Super. 2011) (issues without pertinent authority are waived)
- Steiner v. Markel, 968 A.2d 1253 (Pa. 2009) (claims not raised in the lower court are waived on appeal)
