Roseberry's Estate

Supreme Court of Pennsylvania
Roseberry's Estate, 176 A. 216 (Pa. 1934)
317 Pa. 45; 1935 Pa. LEXIS 392
Frazer, Simpson, Kephart, Schaffer, Maxey, Drew, Linn

Roseberry's Estate

Opinion of the Court

Per Curiam,

The sole question raised by this appeal is whether the Act of June 26, 1931, P. L. 1384, (amending section 9 of the Orphans’ Court Act of 1917, P. L. 363) repeals the Act of 1828, P. L. 453, in so far as it relates to trusts inter vivos, and vests in the orphans’ courts exclusive jurisdiction of the appointment of substituted trustees in such cases. If there was any doubt as to this matter, it has *46 been resolved by onr decision in tbe case of Schwartz v. Schwartz, 316 Pa. 318, in which we adopted in toto the opinion of the lower court which expressly stated that the jurisdiction over trusts inter vivos conferred upon the orphans’ courts by the Act of 1931, supra, is concurrent with that of the courts of common pleas.

The decree is affirmed at appellant’s costs.

Reference

Full Case Name
Roseberry's Estate.
Cited By
5 cases
Status
Published