Hoopes's Estate

Citations

• 152 Pa. 105
• 25 A. 490
• 1892 Pa. LEXIS 1182

Syllabus

<p>Wills — Probate—Revocation—Register—Review.</p> <p>After the register had granted letters testamentary, a writing purporting to be a will of later date was presented to the register for probate with a request that the former decree of probate be annulled. Parties in interest filed objections to proceedings before the register and requested an orphans’ court to be appointed for the decision of the difficult and disputable matters in controversy, pursuant to the act of March 15, 1832, § 26. The register called an orphans’ court and certified for decision (1) whether he had power to revoke the letters, (2) whether they should be revoked, and (3) whether the later writing was the last will of the testator. Objections were filed that the register had no jurisdiction and that the proper proceeding was by appeal f om the decree of probate. The court overruled the objections on the ground that the register had jurisdiction and must decide the question, after which it could come before the court on appeal. The same parties before objecting then presented their petition to said court, setting out the prior proceedings and that there were disputable and difficult matters involved, and asking the court to hear the testimony thereon, and to direct an issue to the common pleas to try (1) whether or not the signature to the latter paper was testator’s signature, (2) whether there was undue influence, and (3) whether the testator was of sufficient mental capacity to execute a will. The court refused the petition and made a decree returning the record to the register. Held, that an appeal to the Supreme Court would not lie.</p>