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366 Pa. 392

Stemple v. Carson

Supreme Court of Pennsylvania

Decided January 2, 1951

Supreme Court of Pennsylvania · decided 1951-01-02

Good law ✅— No negative treatment on recordhow we know

Decided 1951-01-02

How this case has been cited

Cited by 8 later decisions — most recently November 1978

8 state decisions

40195119601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion

Per Curiam,

¶2 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.

¶3 Decree affirmed at the appellants’ costs.

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