Mathews v. Biddell
Superior Court of Pennsylvania
Appeal, No. 12, April T., 1898, by defendant, from order of C. P. Beaver Co., March T., 1897, No. 46, dismissing appeal from prothonotary and directing taxation of costs. Appeal from taxation of costs. Before Wilsoh, J. . The plaintiff, who was register of' wills of Beaver county, filed his bill of costs with the prothonotary in the matter of a rehearing on petition filed by defendant in this case praying for the revocation of the probate of a will.
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Appeal, No. 12, April T., 1898, by defendant, from order of C. P. Beaver Co., March T., 1897, No. 46, dismissing appeal from prothonotary and directing taxation of costs. Appeal from taxation of costs. Before Wilsoh, J. . The plaintiff, who was register of' wills of Beaver county, filed his bill of costs with the prothonotary in the matter of a rehearing on petition filed by defendant in this case praying for the revocation of the probate of a will. The register held several meetings at which a number of witnesses were examined and he called to his assistance his stenographer who took the…
1Opinion of the Court
OprNioír by
Smith, J.,
With the probate of the will the register’s judicial powers ceased. Under the constitution all questions thereafter touching the probate or the validity of the will are to be determined by the orphans’ court, on appeal from the register’s decision, where the proper issue may be framed. In the present case a will was proved June 1,1891. On Ma}r 30, 1896, the appellant filed a petition with the register alleging undue influence in the execution of the will and asking for the revocation of probate and for further relief. To this an answer was filed and the register proceeded…
2Cited by4 opinions
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- Banks' EstatePennsylvania Orphans' Court, Philadelphia County · 1963
- Rockett's EstatePennsylvania Orphans' Court, Philadelphia County · 1942