Coleman's Petition

Citations

• 163 Pa. 334
• 30 A. 161
• 1894 Pa. LEXIS 1187

Syllabus

<p>Register of wills—Correction of record—Act of June 17, 1839—Jurisdic-tion-Practice, C. P.</p> <p>Under the act of June 17, 1839, P. L. 678, making it the duty of the judges of the courts of common pleas to ascertain whether the records of the register of wills have been properly kept, a petition for the performance of the duty is not necessary. The judge must ascertain by an inspection of the records whether they are kept as the law contemplates.</p> <p>The power of supervision conferred by the act is limited to the work of the register in keeping and preserving the records, books, indexes and files of his office. It does not extend to his judicial acts and decisions.</p> <p>Where a paper purporting to be a certified and true copy of a will duly probated in a foreign country has been accurately recorded by the register of wills, and letters testamentary issued thereon, the court of common pleas has no jurisdiction to correct the record on the ground that by reason of the translation and retranslation of the paper, a number of errors had crept into the copy.</p>