Alton's Estate

Citations

• 220 Pa. 258
• 69 A. 902
• 1908 Pa. LEXIS 763

Syllabus

<p>Escheats — Decedents’ estates — Constitutional law — Statute of limitations —Act of May 2,1889, P. L. 66.</p> <p>The Act of May 2, 1889, P. L. 66, entitled “An Act defining and regulating escheats in cases where property is without a lawful owner, and providing for more convenient proceedings relative to the same,” establishes a complete system of escheats, and it was the first and only act which gave to the orphans’ court jurisdiction over escheats. If a proceeding in escheat has been conducted fully and specifically in accordance with the terms of the act, and a final decree in escheat has been entered after notice has been published in the form as provided by the act, relatives of the decedent who had no actual notice of the proceedings cannot after the expiration of seven years from the date of the decree have the decree opened and secure restitution of the money from the treasury of the commonwealth.</p> <p>The Act of May 2 1889, P. L. 66, does not contravene the constitution of Pennsylvania because it requires the orphans’ court to certify an issue to the common pleas; nor does it contravene the constitution because it fixes a period of three years within which any interested party can traverse the final adjudication of escheat.</p> <p>Where the orphans’ court enters a final decree of adjudication and distribution, and in a different proceeding in the same estate enters a final decree of escheat, the court cannot subsequently at the instance of relatives of the decedent, open the decree of distribution and order restitution of the money by the state, without having previously vacated the final decree of escheat.</p>