Ellis v. Ellis

Opinion by

Mr. Justice Cohen,

The principal issues here on appeal are (1) whether, upon the death of a partner, jurisdiction over a proposed sale of partnership assets to the surviving partners is exclusively in the orphans’ court and (2) whether prior orphans’ court approval is necessary for such a sale where the surviving partners are also co-executors of the deceased partner’s estate.1

The A. M. Ellis Hosiery Company and the Chester Pike Drive-In Theatre Company were operated as partnerships-at-will under an oral partnership agreement. The partners in each were appellees Martin Ellis (Martin)…