YARNALL ESTATE


376 Pa. 582 (1954)

Yarnall Estate.

Supreme Court of Pennsylvania.

March 22, 1954.


Attorney(s) appearing for the Case

Mabel B. Ditter, with her J. William Ditter, Jr. and Ditter & Ditter for appellant.

D. Stewart McElhone, with him Edward B. Duffy and Duffy, McTighe & McElhone, for appellee.

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


OPINION BY MR. JUSTICE ALLEN M. STEARNE, March 22, 1954:

In this orphans' court partition proceeding the question presented by the appeal is whether or not appellant has sufficiently proved a valid parol gift of a life estate in the real estate which ousts the jurisdiction of that court until the alleged disputed title is determined in an ejectment proceeding in the court of common pleas. The court below decided that appellant's testimony failed to establish the existence...

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