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ELLIS v. ELLIS

415 Pa. 412 (1964)

Ellis v. Ellis, Appellant.

Supreme Court of Pennsylvania.

September 29, 1964.

Attorney(s) appearing for the Case

Herbert A. Fogel, with him David F. Maxwell, and Obermayer, Rebmann, Maxwell & Hippel, for appellant.

William White, Jr., with him David C. Toomey, and Duane, Morris & Heckscher, for appellees.

Abraham L. Shapiro, with him Norman C. Henss, for co-executors, appellees.

Theodore Voorhees, in propria persona, with him Arthur C. Dorrance, Jr., and Dechert, Price & Rhoads, for guardian and trustee ad litem, intervenor.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, September 29, 1964:

The principal issues here on appeal are (1) whether, upon the death of a partner, jurisdiction over a proposed sale of partnership assets to the surviving partners is exclusively in the orphans' court and (2) whether prior orphans' court approval is necessary for such a sale where the surviving partners are also co-executors of the deceased partner's estate.

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