Cutler's Estate

Citations

• 225 Pa. 167
• 73 A. 1111
• 1909 Pa. LEXIS 626

Syllabus

<p>Orphans’ court — Jurisdiction—Title to personal property — Gift— Mental capacity — Issue—Trial by jury.</p> <p>1. Where a daughter receives certain securities belonging to her father, and receipts for them as his agent, and after her father’s death omits from the inventory filed by her as sole executrix, certain of such securities on the ground that they had been given to her by her father, and at the audit exhibits deeds of gift for the securities,, the orphans’ court has no jurisdiction to take testimony and finally determine whether such deeds were invalid because of the mental incapacity of the grantor at the time they were executed. In such a case it is the duty of the court without the request of either party to direct an issue for trial in the common pleas as provided by the Act of March 29,1832, P. L. 190. There is no duty upon the executrix to ask for an issue.</p> <p>2. The orphans’ court is a court of limited jurisdiction exercising only such power as is given it by statute, expressly or by necessary implication. There is no authority conferred upon the orphans’ court by the Act of June 16,1836, P. L. 784, to take testimony and determine in limine whether personal property claimed by an executrix as her own, was or was not the property of the testator. The executrix is entitled to stand upon her constitutional privilege of having the question of her title to the property passed upon by a jury.</p>