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STRASSNER v. TRAINOR (05/22/61)

May 22, 1961

STRASSNER
v.
TRAINOR, APPELLANT.



Appeal, No. 160, Jan. T., 1961, from judgment of Court of Common Pleas No. 3 of Philadelphia County, March T., 1960, No. 2103, in case of Frank J. Strassner, Jr., administrator of estate of Rose Murray, deceased, v. Anna Trainor. Judgment affirmed.

COUNSEL

Irving Marks, for appellant.

Frank J. Strassner, Jr., with him Kirchner and Strassner, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Jones

[ 403 Pa. Page 602]

OPINION BY MR. CHIEF JUSTICE JONES.

The judgment in ejectment in favor of the plaintiff administrator, entered by the court below subsequent to its having sustained the administrator's preliminary objections in the nature of a demurrer to the defendant's answer to the complaint, is affirmed, subject, however, to a stay of execution thereon for a period of sixty days in order to afford defendant an opportunity to institute an appropriate proceeding in the Orphans' Court of Philadelphia County for the adjudication of her claim of alleged right to the ownership of the realty

[ 403 Pa. Page 603]

    in question. If such proceeding in the Orphans' Court is duly instituted by the defendant, the stay herewith imposed shall continue thereafter until the matter has been finally disposed of by the Orphans' Court or until such other time as that court may prescribe.

Disposition

Judgment in ejectment affirmed with limited stay of execution.

19610522

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