Hillyer v. Schenck

The Ordinary.

This case comes before the court upon a motion, on the part of the appellant, for an order upon the Orphans Court to send up the papers, and upon a cross-motion to dismiss the petition of appeal. The sole question at issue is, whether the appeal was demanded within the time prescribed by the statute.

The material facts are not controverted. The decision of the Orphans Court, refusing to admit the instrument propounded as the will of Josiah Schenck to probate, was announced by the court on the twenty-fifth of March, 1862, in the presence of the proctors of the respective parties.…