Laukhuff's Estate

Citations

• 39 Pa. Super. 117
• 1909 Pa. Super. LEXIS 448

Syllabus

<p>Rules of court — Procedure—Pending litigation — Orphans’ court — Construction of rules.</p> <p>1. A rule of court which relates only to procedure and in no way affects rights of the parties, is applicable to future procedure in pending litigation.</p> <p>2. On a question of the construction or application of its own rules, a court can be reversed only for manifest and material error.</p> <p>Orphans’ court practice — Register of wills — Appeals—Petition for citation — Rules of court — Procedure—Pending litigation.</p> <p>3. A rule of the orphans’ court, which provides that after an appeal has been taken from the register of wills, the appellant shall file in the orphans’ court a petition for citation setting forth the facts and circumstances of the case, applies to an appeal pending at the time of the adoption of the rule; and if the appellant has had sufficient time and opportunity to comply with the rule, and has failed to do so, his appeal will be dismissed.</p>