McGlinn's Estate

Citations

• 270 Pa. 373
• 113 A. 548
• 1921 Pa. LEXIS 395

Syllabus

<p>'Appeals—Jurisdiction on appeal — Supreme Court—-Superior Court—Amount in controversy—General rules laid down—Act of May B, 1899, P. L. S1/.8—Orphans’ court—Distribution—Claim of each distributee—Joint appeals—Remission of cases.</p> <p>1. The total amount of the distribution awarded by the orphans’ court is not the controlling factor in determining the jurisdiction of the appellate courts. The question is fixed by the single claim or interest of the appellant in such distribution.</p> <p>2. Separate claims of the same appellant cannot be added for the purpose of fixing the sum involved; nor is it material that larger sums may be collaterally in question.</p> <p>3. If the demand of the distributee is for a 'sum in excess of $1,500, and it is disallowed, his interest will be fixed by the' amount of his claim, and his appeal lies to the Supreme Court.</p> <p>4. Where the claim presented is based on damages for tort or breach of contract, the sum asked determines the jurisdiction if no award is made; and the sum directed to be paid, if there is some allowance.</p> <p>5. In such ease any party aggrieved may appeal to the Supreme Court if the award be in excess of the jurisdictional sum, though his particular interest be affected in a less amount, the Act of May 5, 1899, P. L. 248, expressly so directing.</p> <p>6. A certificate of the amount in controversy is conclusive when given by the court below in matters involving the right to possession or title to property. In other cases the sum is determined by the facts as they appear on the record, irrespective of the certificate granted.</p> <p>7. Appeals taken to the Supreme Court, when the interest of the . appellant is less than $1,500, will be remitted to the Superior Court except in certain cases where exclusive jurisdiction has been given to the Supreme Court.</p> <p>8. A case will not be certified over where there are two appeals from a distribution involving the same question, the amount in controversy being in t