Neafie's Estate

Ladner, J.,

dissenting. — I regret that I am unable to agree with the disposition which my colleagues made of this case. I would sustain the exceptions because I believe both the “rule of comity” and rule of res adjudicata require us to do so.

There is no question that as a court of equal or concurrent jurisdiction we are ordinarily not bound by any precedents of the courts of common pleas of this or any other county, and need only follow them insofar as their reasoning may appeal to us as sound, and not at aíl where any decision of theirs is contrary to one of our own. It seems to me, however,…