19 A.2d 165 | Pa. | 1941
This is an appeal from the decree of the court below dismissing the petition of Mrs. Michael Kachura, executrix of the last will and testament of John Patterson for a citation to Francis J. Kachura to show cause why certain monies in the possession of the Union Bank and Trust Company of Pottsville in the name of John Patterson and Francis Kachura should not be paid to the executrix after the death of John Patterson. Mrs. Michael Kachura is decedent's aunt and Francis J. Kachura is his cousin and the grandson of Mrs. Kachura.
On November 1, 1938, a "joint bank" account card, providing for a right of survivorship, was presented to the Union Bank Trust Company of Pottsville, signed by John Patterson and Francis J. Kachura and relating to a deposit in that bank in the sum of $3,085.74. On December 1, 1938, decedent executed a will, bequeathing a specific legacy of $300 to Francis J. Kachura, one of the respondents, and the residue to Mrs. Michael Kachura, who was appointed executrix. Testator died two days later.
The executrix claims that the balance in the savings account is the property of the decedent's estate. Both respondents (Francis J. Kachura and the bank) filed answers denying petitioner's contention and alleging that the balance in the account is the property of Francis J. Kachura as a joint tenant with right of survivorship. *179
The court below in its opinion dismissing the petition said: "All parties submitted to the jurisdiction of this court. Of course, such submission will not give this court jurisdiction if it does not in fact have jurisdiction over the subject matter: Wolfe v. Lewisburg Trust Safe Deposit Co.,
During the hearing it was contended by the petitioner that the signature of John Patterson on the card was not in fact signed by John Patterson. There was credible evidence by an eyewitness to the signature of John Patterson and the court below held that the signature was "in the handwriting of the decedent."
The court also held: "The language of the contract under consideration is sufficient to vest in Francis J. Kachura, by assignment, as of the date of execution and delivery to the bank, a present interest in the chose in *180
action as a joint owner with the right of survivorship:Mader v. Stemler,
After an appeal was taken to this court the appellant raised for the first time the question of the jurisdiction of the Orphans' Court. "The want of jurisdiction over the subject-matter may be questioned at any time. It may be questioned either in the trial court, before or after judgment, or for the first time in an appellate court, and it is fatal at any stage of the proceedings, even when collaterally involved, unless there is an estoppel to raise the question": 17 Standard Encyclopedia of Procedure, p. 912. Submission by all parties interested will not give the Orphans' Court jurisdictionover the subject-matter. "As jurisdiction is fixed by law, it is beyond the control of the parties": Blumenthal's Est.,
It is clear that the Orphans' Court had no jurisdiction in this case. We said in Keyser's Est.,
In Crisswell's Estate,
The facts in the instant case are similar to those inSmith's Est.,
In the instant case, the action of the Orphans' Court in dismissing the petition was right; since it had no jurisdiction over the subject-matter, it could not in legal effect do otherwise. The reasons it gave for dismissing the petition do not here concern us, for the questions it adjudicated were not properly before it. An adjudication of a court without jurisdiction is "void and of no legal efficacy." See MutualLife Ins. Co. v. Tenan,
Because of the Orphans' Court's want of jurisdiction over the subject-matter of this controversy, the decree dismissing the petition is affirmed; costs to be paid by appellant.