WAY ESTATE


379 Pa. 421 (1954)

Way Estate.

Supreme Court of Pennsylvania.

November 15, 1954.


Attorney(s) appearing for the Case

F. Lyman Windolph, with him William W. Litke, H. Clay Burkholder and Windolph & Johnstone, for appellant.

R. Paul Campbell, with him John R. Miller and Campbell & Miller, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 15, 1954:

The pivotal question is whether or not the Orphans' Court has jurisdiction to determine the validity of a written agreement executed by two sole beneficiaries under separate wills. In settlement and compromise the parties agreed and stipulated the proportions in which decedent's estate should be distributed. One of them subsequently repudiated the agreement alleging that she had been induced to execute...

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