Shepard's Estate

Citations

• 170 Pa. 323
• 32 A. 1040
• 1895 Pa. LEXIS 1407

Syllabus

<p>Wills— Probate — Appeals—Parties.</p> <p>Admitting a will to probate and granting letters testamentary thereon by the register are judicial acts, and the judgment must stand as final against all except those who have a right to contest by appeal therefrom ; and, as the jurisdiction of the register over the subject is wholly statutory, the right of appeal and the designation of the parties upon whom it is conferred must also be statutory.</p> <p>Wills — Issue devisavit vel non — Standing of creditor of heir to cdntest will — Act of March 15, 1832.</p> <p>Under the act of March 15, 1832, see. 13, P. L. 138, the creditor of an heir is not “ a party interested,” entitled to appeal from the decree of the register of wills admitting to probate the ancestor’s will, by which the heir is excluded.</p> <p>Appeals — Issue devisavit vel non.</p> <p>After a judgment on an issue devisavit vel non, the decision of the orphans’ court overruling a demurrer to the appeal, and granting an issue, is reviewable on appeal from such decision. 1</p>