Laukhuff's Estate

Citations

• 218 Pa. 585
• 67 A. 874
• 1907 Pa. LEXIS 577

Syllabus

<p>Wills — Probate—Appeal from register — Leave of orphans’ court — Act of March 15, 1832, sec. 31, P. L. 135.</p> <p>Under the Act of March 15, 1832, sec. 31, P. L. 135, an appeal from an order of the register of wills revolting letters of administration, is a matter of right, and it is not necessary to secure the allowance of the orphans’ court to bring such an appeal.</p> <p>After the case is brought into the orphans’ court by appeal without special allowance, the proper practice is for the appellant to present a petition to the court setting forth the facts of the case, upon which citation will be granted on the parties interested to show cause why the appeal should not be sustained and the decision complained of set aside.</p> <p>It is immaterial that the paper filed as an appeal does not by its caption certify that the case is in the orphans’ court, where the record of the docket entries shows that such an appeal was filed.</p>