Civil Division Lacks Jurisdiction over Validity of Will and Claim for Specific Performance

Civil complaint that “touches on” validity of decedent’s will was dismissed with prejudice for lack of subject matter jurisdiction, and not transferred to Orphans’ Court division. Kramer, III v. Mary T. Kramer Estate (No. 1), 9 Fid.Rep.3d 272 (Lycoming C.P. 2019).

Upon reconsideration, the court transferred to the Orphans’ Court division the claim for specific performance of an alleged contract of the decedent to sell real property, which is under the mandatory jurisdiction of the Orphans’ Court under 20 Pa.C.S. § 711(13) and (17). Kramer, III v. Mary T. Kramer Estate (No. 2), 9 Fid.Rep.3d 273 (Lycoming C.P. 2019)

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