Hambleton v. Yocum
Supreme Court of Pennsylvania
Error to Court of Common Pleas, No. 1, of Philadelphia County: Of January Term, 1884, No. 261. This was, in the court below, a feigned issue entered on a precept from the Register of Wills, to try the validity of the alleged will of William Neal, deceased, in which Neal Hambleton was plaintiff, and Anna Mendenhall and six others, heirs or next of kin of the decedent, were defendants.
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Error to Court of Common Pleas, No. 1, of Philadelphia County: Of January Term, 1884, No. 261. This was, in the court below, a feigned issue entered on a precept from the Register of Wills, to try the validity of the alleged will of William Neal, deceased, in which Neal Hambleton was plaintiff, and Anna Mendenhall and six others, heirs or next of kin of the decedent, were defendants. William Neal died June 30th, 1881, leaving an estate valued at about $100,000. His heirs and next of kin consisted of three branches, descendants of three sisters, and known as the Walton, Hambléton and Taylor…
1Opinion of the CourtJustice Gordon
When, under the Act of the 15th of March, 1832, the register has certified an issue to the Common Pleas, the matter therein involved passes from his jurisdiction, and is thence-, forth wholly within the jurisdiction of said court, and by its judgment he is finally concluded. Its finding can neither be re-examined by him, nor by the Supreme Court on appeal: vide 13th section of the Act above cited. From this it follows *308that if the proceeding in the Common Pleas is merely for the information of the conscience of the register; if its finding is but interlocutory, and is not to have the force of…
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