Union Trust Co. v. Peoples' Trust Co.

Citations

• 254 Pa. 385
• 98 A. 1062
• 1916 Pa. LEXIS 739

Syllabus

<p>Practice, O. C. — Issue devisavit vel non — Precept to O. P. — Certification bach to O. C. — Act of March 15,1S32,P. L. 185.</p> <p>1. Under the Act of March 15, 1832, P. L. 135, whenever a caveat is entered against the probate of a testamentary writing the precept to the Common Pleas Court must be accompanied by the original writing offered for probate and the Common Pleas must certify the result of the trial had before it to the Orphans’ Court.</p> <p>2. When a case is appealed from the register of wills to the Orphans’ Court under Section 41 of the Act of March 15, 1832, P. L. 135, an issue devisavit vel non is of right where there is a substantial dispute upon a material question of fact, and when it is sent to the Common Pleas the matter belongs so exclusively to the latter tribunal that for purposes of review a writ of error or appeal goes directly to it from the Supreme Court, and after judgment on the issue the question of the sufficiency of the evidence to justify the finding may properly be brought before the Supreme Court.</p> <p>3. Where in such ease no appeal is taken from the judgment of the Common Pleas, or if, on appeal, the evidence has been held sufficient, the facts found by the jury must be accepted by the Orphans’ Court as conclusively established.</p> <p>4. The verdict of the jury on an issue devisavit vel non, before being certified back to the Orphans’ Court, should have the approval of the court under whose supervision it was taken as -to its regularity and this approval is given by entering judgment.</p> <p>5. A certified copy of the record is the proper form of certifying to the Orphans’ Court the facts established by 'the trial of an issue devisavit vel non, and after such certificate has been returned to the Orphans’ Court the -Common Pleas has power' to grant a new trial if the record has never finally passed from the custody of the Common Pleas.</p> <p>6. When a case on appeal from the register is sent by precept from the Orphans’ C