In Re Estate of Banes

The decree of the court below following remand on the prior appeal to this Court was in the form of a final decree, not a decree nisi. While it is true that, absent a contrary local rule, the equity rules apply in orphans’ court division cases so as to make mandatory the filing of exceptions, the exceptions contemplated by Pa.R.C.P. 1518 are to decrees nisi. Section 7, Rule 1 of our Orphans’ Court Rules provides that exceptions “shall be filed at such place and time, shall be in such form, copies thereof served and disposition made thereof as local rules shall prescribe.” We have been…