Eichert's Estate
Supreme Court of Pennsylvania
Appeal, No. 375, Jan. T., 1892, by plaintiff, John Shaeffer et al., from decree of O. C. Phila. Co., Jan. T., 1887, No. 359, revoking probate of will of Catharine Eiehert, deceased. Appeal from probate of will. From the record it appeared that appellants asked leave of the court to withdraw from the contest.
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Appeal, No. 375, Jan. T., 1892, by plaintiff, John Shaeffer et al., from decree of O. C. Phila. Co., Jan. T., 1887, No. 359, revoking probate of will of Catharine Eiehert, deceased. Appeal from probate of will. From the record it appeared that appellants asked leave of the court to withdraw from the contest. The court thereupon entered the following decree; “ And now, Feb. 16, 1891, the above case having been heard on petition, answer and proofs, and after argument of counsel, it is ordered and adjudged and decreed that the contestants in the appeal are allowed to withdraw as parties…
1Opinion of the Court
Pee Curiam,
The appellants were contestants in a proceeding in the orphans’ court, and at a certain stage of the proceedings asked leave to withdraw from the contest. The orphans’ court granted their prayer, and ordered that they should pay all costs that had accrued to the date of their withdrawal. This ended the connection of the appellants with the case. They think, however, that they are still in it for the reason that they have not paid the costs as they were ordered to do. In this, we think they are mistaken. They are out of- codrt, and have now no duty to perform but to pay the costs up…
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