Crawford v. Schooley

Citations

• 217 Pa. 429
• 66 A. 743
• 1907 Pa. LEXIS 732

Syllabus

<p>Wills — Probate—Appeals from register — Jurisdiction of orphans’ court — Practice, O. C.</p> <p>On an appeal to the orphans’ court from the decree of the register of ■wills, admitting a will to probate, where the appellant produces a paper testamentary in character, bearing a later date, and proved as to its execution by two witnesses, the orphans’ court should open the decree admitting to probate the earlier will, and direct that the appellant produce before the register, the paper which he claims to be a later will, and proceed to make proof of its execution and validity in the usual manner. The court has no jurisdiction on the appeal from the probate of the earlier will to consider an application for an issue to determine the validity of the paper alleged to bo a later will.</p> <p>When the subscribing witnesses to a paper purporting to be a will, testify to its due execution, an issue to determine the genuineness of the instrument, if requested by the proponent, is a matter of right.</p>