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JOVANOV ESTATE (11/17/72)

decided: November 17, 1972.

JOVANOV ESTATE


Appeal from decree of Court of Common Pleas, Orphans' Court Division, of Allegheny County, No. 1546 of 1971, in re estate of Stevan Jovanov, deceased.

COUNSEL

Leonard M. Mendelson, with him David J. Millstein, and Hollinshead and Mendelson, for appellants.

Henry G. Beamer, III, with him John A. Metz, Jr., David Turets, and Metz, Cook, Hanna & Kelly, for appellees.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Justice Manderino. Mr. Justice Eagen joins in this dissent.

Author: Per Curiam

[ 449 Pa. Page 246]

Decree affirmed. Each party to pay own costs.

Disposition

Decree affirmed.

Dissenting Opinion by Mr. Justice Manderino:

I dissent from the affirmance of the lower court's decree. On January 28, 1971, Western Pennsylvania National Bank, acting as the guardian of the estate of Stevan Jovanov, who had been adjudicated an incompetent, entered into a contract with the appellants for the sale of certain real property in the estate. The contract was complete in all details and was executed by the appellants, as purchasers of the real property and by the guardian, as seller. When the contract was executed, the purchasers paid Five Hundred ($500) Dollars hand money to the seller, as required by the contract.

Subsequent to the execution of the sales contract, Stevan Jovanov died and the appellants were denied specific performance of the contract.

The majority and the lower court hold that the contract properly executed and signed by the guardian as seller and the purchasers prior to Jovanov's death, was not a legally binding contract because it was subject to court approval which was not obtained between the time of the signing of the contract and Jovanov's death.

There is no question that the contract was subject to court approval under the law. In addition, the contract contained a clause stating that it was ...


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