Clarke v. Clarke

We granted certiorari in this case to consider an issue regarding the respective powers of an orphans’ court and an equity court in the administration of a decedent’s estate.

Helen Marie Clarke died testate on January 13, 1977, survived by nine children, including the plaintiff in this case, Benedict I. Clarke, and the defendant George Francis Clarke, who was sued in his capacity as the “personal representative for his mother’s estate. Aside from personal property valued at approximately $i,000, the decedent’s only asset was a 20 acre farm. The decedent’s will contained the following…