Mohney's Estate, In re
Decision Date | 24 November 1964 |
Citation | 416 Pa. 107,204 A.2d 916 |
Parties | In re ESTATE of Samuel J. MOHNEY, Deceased. Appeal of Mabel H. MOHNEY, Executrix of Estate of Samuel J. Mohney. |
Court | Pennsylvania Supreme Court |
Henry S. Moore, Grove City, for appellant.
D. W. Patterson, Mercer, for appellee.
Before BELL, C. J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
The executrix of the will of Samuel J. Mohney, Mabel H. Mohney, who was decedent's second wife, and Esther L. Mohney, who was decedent's first wife, joined in a petition for a declaratory judgment which was filed in the Orphans' Court to determine (1) who was the owner of a $25. U. S. Treasury Bond which was registered in the name of Samuel J. Mohney or Mrs. Esther L. Mohney, and (2) who was entitled to the proceeds of a group life insurance policy issued to the decedent, in which his first wife (Esther L. Mohney) was named, by name, as beneficiary. The Orphans' Court decided that the first wife was entitled (1) to half the value of the U. S. bond, and (2) to all of the proceeds of the group life insurance policy.
Why declaratory proceedings were brought instead of the customary and appropriate way of filing an account and presenting the questions at the Audit of decedent's account, was not disclosed. This proceeding was improper for each of the following reasons:
(1) While the grant of a petition for a declaratory judgment is a matter of sound judicial discretion:
'This Court now adheres to the view that declaratory judgment proceedings must not be entertained if there exists another available and appropriate remedy, whether statutory or not: McWilliams v. McCabe, 406 Pa. 644, 179 A.2d 222; State Farm Mutual Automobile Insurance Co. v. Semple, 407 Pa. 572, 180 A.2d 925.' Lakeland Joint School District Authority v. Scott Township School District, 414 Pa. 451, 200 A.2d 748.
In State Farm Mutual Automobile Insurance Co. v. Semple, 407 Pa., supra, the Court said (pages 574-575, 180 A.2d page 927):
(2) Section 11 of the Declaratory Judgments Act of June 18, 1923, P.L. 840, as amended, 12 P.S. § 841, requires as an essential requisite the joinder of all parties who have an interest, as well as those who claim or may have an interest which would be affected by the declaratory relief sought, and neither the insurance company which issued the group life policy nor the testator's heirs were made parties in the Orphans' Court proceedings.
Judgment vacated and petition dismissed, each party to pay own costs.
This opinion is written to clarify my concurrence only in the result reached by the majority of ...
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