May 13, 1963
Appeal, No. 98, Jan. T., 1963, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1962, No. 2817, in case of David Chernow v. Estate of Carrie Manieri, deceased, George A. D'Angelo, individually and as executor of estate of Carrie Manieri, deceased, and Antonio Manieri. Order vacated and appeal dismissed without prejudice.
George Scott Stewart, III, with him Isadore H. Bellis, and Davis, Bellis & Kolsby, for appellant.
Michael C. McManus, with him George A. D'Angelo, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
[ 410 Pa. Page 659]
OPINION PER CURIAM
The Order of the lower Court which sustained preliminary objections to the complaint in equity for the specific performance of a contract and dismissed the complaint, is vacated, and the appeal is dismissed without prejudice to Chernow's right to bring appropriate proceedings in the Orphans' Court, which has exclusive jurisdiction of the matters involved. See Johnson v. Trustees of the General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith, 408 Pa. 31, 182 A.2d 724. Costs to be paid by appellant.
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