In re Miles
Superior Court of Delaware
■ Appeal from the act and decree of the Register of wills for New Castle county, on the settlement of ah administration account. The record showed a citation by the register to the appellant requiring him to settle his administration account on the estate of Wm.
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■ Appeal from the act and decree of the Register of wills for New Castle county, on the settlement of ah administration account. The record showed a citation by the register to the appellant requiring him to settle his administration account on the estate of Wm. T. Smith, deceased; that he appeared personally and by counsel, and at his request the register postponed the matter several times, until he at last neglected to appear altogether: whereupon, “ the register, having the vouchers and materials for settlement before him, proceeded to settle and pass the account, and charged him with the…
1Opinion of the Court
The Court
dismissed the appeal for want of jurisdiction; considering that in the matter of settling administration accounts where there was no adversary proceeding, no parties, and no “ litigation of a cause,” the proceeding was under sec. 21 of Art. 6, of the Constitution, and not under sec. 22; and that the appeal was by way of exceptions before the Orphans’ Court, and not to this court. (3 Harr. Rep. 433, Robinson vs. Robinson.)
Appeal dismissed.
2Cases cited1 opinion
- State v. CasperNew York Court of General Session of the Peace · 1926