Stemple v. Carson

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

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.

Reference

Full Case Name
Stemple, Appellant, v. Carson
Cited By
5 cases
Status
Published