Supreme Court of Pennsylvania, 1951

Stemple v. Carson

Stemple v. Carson
Supreme Court of Pennsylvania · Decided January 2, 1951 · Drew, Stern, Stearns, Jones, Ladner, Chidsey
366 Pa. 392; 77 A.2d 438; 1951 Pa. LEXIS 298

Stemple v. Carson

Opinion

Opinion

Per Curiam,

We are satisfied that the learned court below correctly ruled that the Common Pleas Court was without jurisdiction to grant the relief prayed for in the bill and that the Orphans’ Court alone has exclusive jurisdiction. To what Judge Gibson has so well said we merely add that the title to the stock in question had passed to a decedent and was in his possession at his death. His executor, who now holds possession, is under the control and supervision of the Orphans’ Court. The title is being attacked as voidable because of material misrepresentations. The action to rescind is therefore exclusively in the jurisdiction of the Orphans’ Court and not in any court of general equity jurisdiction.

Decree affirmed at the appellants’ costs.

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