Appeal from order of Court of Common Pleas of Allegheny County, Oct. T., 1964, No. 1813, in case of Charles Hooks and Estella Hooks, his wife, Geraldine Hooks, a minor, et al. v. James DuBois, administrator of estate of Earl Wike, deceased, and Oscar F. Butz.
Kim Darragh, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellant.
Hyman Schlesinger, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice Jones joins in this dissent.
On August 16, 1962, the plaintiffs, residents of Allegheny County, Pennsylvania, were occupants of an automobile involved in a collision in Fulton County, Pennsylvania,
with an automobile operated by Earl Wike, a resident of Schuylkill County, Pennsylvania. Wike was killed in the accident.
On August 12, 1964, James DuBois, a resident of Allegheny County, was named administrator of the estate of Earl Wike, deceased, in letters issued by the register of wills of Schuylkill County.*fn1
On August 14, 1964, the plaintiffs instituted the instant action in Allegheny County against the estate of Wike to recover for personal injuries suffered in the accident. Service of the complaint was made the same day in Allegheny County upon DuBois, the then administrator of Wike's estate. Preliminary objections to the complaint were filed raising questions of jurisdiction and capacity to sue. From an order in the court below dismissing these objections, this appeal was filed pursuant to the provisions of the Act of March 5, 1925, P. L. 23, § 1, 12 P.S. § 672.
The jurisdictional objection raised by the pleadings is that the Allegheny County Court cannot entertain jurisdiction of an action against a decedent's estate being administered in Schuylkill County.*fn2 In other words, it is urged that the fiduciary is not subject to suit in a county other than that in which the letters were granted.*fn3
The appeal presents an unusual question, but our research compels the conclusion that the lower ...