"This  part  of  the  act  was  passed  apparently  to  do  away  with  the  fine
distinction  that  had  been  made  by  the  courts  in  holding  that  if  the  trust
was  given  to  the  executors  as  such,  then  the  orphans'  court  has  jurisdic-
tion, but  if  given  to  individuals  nominatim  although  they  were  later  in
the  will  named  as  executors,  the  jurisdiction  was  in  the  court  of  common
pleas  sitting  in  equity."  Opinion  of  M'oodward,  J.,  in  dismissing  a  bill
in  equity  for  a  decree  involving  the  construction  of  a  testamentary  trust
and  distribution  thereunder.  Engle  v.  Engle,  21  Luz.  277.
27


4i8  FIDUCIARIES  ACT-Section  46  (g),  W

The  Fiduciaries  Act  of  June  7,  1917,  46  (g),  P.  L.  447,  abolished  the
concurrent  jurisdiction  formerly  exercised  by  the  court  of  common
pleas  and  the  orphans'  court  over  the  accounts  of  testamentary  trustees
appointed  nominatim  by  the  will,  and  vested  such  jurisdiction  exclusively
in  the  orphans'  court  of  the  county  where  the  will  is  probated.  Girard's
Est.,  48  Pa.  C.  C.  608,  29  Dist.  62.
Under  section  46  (g)  of  the  Fiduciaries  Act  of  June  7,  1917,  P.  L.  447,
which  provides  that  all  trustees  subject  to  the  jurisdiction  of  the  orphans'
court  shall  file  their  accounts  in  that  court,  and  (h)  that  they  may  file
their  accounts  triennially  from  their  appointment,  any  party  in  interest
may  compel  the  filing!  of  a  triennial  account.
