Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

ESTATE MOSES L. ANNENBERG (11/17/78)

SUPREME COURT OF PENNSYLVANIA


decided: November 17, 1978.

ESTATE OF MOSES L. ANNENBERG, ALSO KNOWN AS M. L. ANNENBERG, DECEASED (TWO CASES). APPEAL OF PAMELA ENID NUSBAUM. APPEAL OF STEPHEN ANTHONY SIMON

Appeals Nos. 17 and 18 January Term, 1978, from Decree of Orphans' Court Division of Court of Common Pleas of Philadelphia at No. 253 of 1943; Charles Klein, Judge.

COUNSEL

Philip A. Bregy, Cuthbert H. Latta, Drinker, Biddle & Reath, Philadelphia, for appellant at No. 17 and appellee at No. 18.

William White, Martin A. Heckscher, Virginia K. Scott, Duane, Morris & Heckscher, Philadelphia, for appellant at No. 18 and appellee at No. 17.

John J. Lombard, Jr., Obermayer, Rebmann, Maxwell & Hippel, Minturn T. Wright, III, Saul Levit, H. Ober Hess, Edmund L. Harvey, Jr., Ballard, Spahr, Andrews & Ingersoll, Benjamin R. Jones, John R. Latourette, Jr., William H. Henrich, Jr., Dilworth, Paxson, Kalish, Levy & Kauffman, Philadelphia, for appellees at Nos. 17 and 18.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Larsen, J., filed a dissenting opinion. Roberts and Manderino, JJ., dissent and would reverse the decree of the court below and dismiss the Petition for Declaratory Judgment.

Author: Per Curiam

The motion to dismiss the appeals is granted. Each party pay own costs.

LARSEN, Justice, dissenting.

I dissent; the appellants' appeal should not be dismissed. Appellees are clearly not entitled to a Declaratory Judgment because any such judgment would be advisory. Advisory opinions are not within the purview of the Declaratory Judgment Act; hence, the lower court would have no jurisdiction to act.

19781117

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.