The state Supreme Court will have an opportunity to consider whether judges sitting in common pleas courts’ Orphans’ Court divisions have the equitable power, not possessed by other common pleas judges, to reverse errors made in final declaratory judgments more than 30 days after the judgments are entered.
The justices have agreed to look at an order issued by Montgomery County Common Pleas Court Judge Calvin S. Drayer on Nov. 14, 2008, in Estate of Terry L. Kendall. The decedent’s widow, Susan L. Kendall, appealed the order in which Drayer granted declaratory judgment in favor of the petition by Terry Kendall’s executor, PNC Bank, for the judge to determine Susan’s interest in the estate by a formula interpreting part of the Kendalls’ prenuptial agreement. Drayer also granted summary judgment in favor of PNC Bank and denied Susan’s cross-motion for summary judgment.
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