Opinion
September 27, 1954.
November 8, 1954.
Orphans' court — Jurisdiction — Exclusive jurisdiction — Settlement of fiduciary's accounts — Restraining interfering suit in federal court — Common fiduciary of estates with conflicting interests — Rights of parties.
In this proceeding in an orphans' court by an executor to restrain certain beneficiaries from prosecuting a suit in a federal court to compel the executor to account to the beneficiaries for monies allegedly belonging to the estate, in which it appeared that the executor had been granted letters testamentary in 1950 under the will of a wife and in 1951 under the will of her husband; that the executor had filed, and the orphans' court had confirmed, his accounts in the wife's estate; that said beneficiaries had filed exceptions to the final account and had petitioned the court to remove the executor, contending that various monies were owing by the husband's estate to the wife's estate and that the common executor of both estates could not sue himself for an accounting; and it further appeared that said beneficiaries subsequently sued the executor in a federal court for an accounting; it was Held that (1) proceedings in the administration of a decedent's estate are quasi in rem; (2) after an executor has been appointed the orphans' court has exclusive jurisdiction over the settlement of his accounts; (3) the beneficiaries of the estate were properly restrained from prosecuting their suit in the federal court; (4) where the same person is executor of two estates which have conflicting interests the interested parties in one estate may, upon application to the court, use the name of the executor in proceedings against him as executor of the other estate; and (5) where a fiduciary is representing two estates with conflicting interests the court may remove him.
Argued September 27, 1954. Before STERN, C. J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeals, Nos. 279 and 280, March T., 1954, from decree of Orphans' Court of Mercer County, March T., 1952, No. 9, and March T., 1953, No. 10, in Estate of Mary Sweetser Craig, deceased. Order affirmed.
Proceeding upon petition of executor and citation against residuary legatees to show cause why they should not be restrained from prosecuting suit in federal court.
Order entered restraining prosecution of federal suit, opinion by RODGERS, P.J. Legatees appealed.
William Carson Bodine, with him John D. M. Hamilton, T. A. Sampson, Pepper, Bodine, Frick, Sheetz Hamilton, and Stranahan Sampson, for appellants.
William H. Eckert, with him Milford L. McBride and Milford L. McBride, Jr., McBride McBride, and Smith, Buchanan, Ingersoll, Rodewald Eckert, for appellee.
The distinction between the concurrent jurisdiction of the Federal or Common Pleas Courts and the Orphans' Court involving proceedings in personam ( Commonwealth v. Easton Trust Company, 347 Pa. 162, 32 A.2d 215) and the exclusive jurisdiction of the Orphans' Court involving the accounting and distribution of a decedent's estate ( Thompson, Trustee, v. Fitz-Gerald, 329 Pa. 497, 198 A. 58, affirmed in 305 U.S. 456), a proceeding in rem, is accurately and comprehensively considered in the opinion of the court below. The fact that the same fiduciary, appointed by the respective decedents, is representing both estates presents no obstacle to the parties in interest in prosecuting claims against the estate of either decedent. Interested parties may, upon application to the court, use the name of the fiduciary in proceedings against such fiduciary: Megargel Estate, 349 Pa. 14, 17, 36 A.2d 319. The court also may, in its discretion, remove a fiduciary in such a situation. A removal proceeding is actually pending in this case. See Hartman's Estate, 49 Pa. Super. 203.
The Order of the Orphans' Court is affirmed on the opinion of Judge RODGERS, at the cost of appellants.