Administratrix of decedent’s estate brought action against county register of wills, alleging that register had violated Probate, Estates and Fiduciaries Code (PEF Code) by issuing granting letters of administration to an alleged friend of decedent without securing a bond from friend, and seeking damages. The Court of Common Pleas entered summary judgment in favor of register. Administratrix appealed. The Commonwealth Court vacated and remanded. Register petitioned for allowance of appeal.
The Supreme Court of Pennsylvania held that:
- Register was not immune under Political Subdivision Tort Claims Act;
- Applicability of defense of official immunity was preliminary question for trial court; and
- Genuine issue of material existed as to damages, precluding summary judgment.