Link's Estate (No. 1)

Dissenting Opinion by

Mr. Justice Maxey :

I dissent from the opinion filed in this case. I am convinced that the procedure followed in the court below is erroneous and the result wrong. I do not agree with the majority opinion that “The orphans’ court is the proper tribunal to decide the questions of fact here raised.” The majority opinion says: “It [the orphans’ court] has exclusive jurisdiction over the settlement and distribution of estates (Linsenbigler v. Gourley, 56 Pa. 166; Long’s Est., 254 Pa. 370 [98 A. 1066]), and the power to distribute necessarily includes the power to determine all…