Legal Opinion

Miller's Estate

Supreme Court of Pennsylvania

Decided February 12, 1894No. Appeal, No. 65PublishedCited by 5 opinions

Appeal, No. 65, Oct. T., 1893, by Hampton J. Miller, from decree of O. C., Allegheny Co., Jan. T., 1890, No. 90, dismissing petition for leave to appeal from decision of register in admitting will of A. H. Miller, deceased, to probate, and for rehearing of said decision. Petition for leave to appeal from register, and for rehearing.

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Appeal, No. 65, Oct. T., 1893, by Hampton J. Miller, from decree of O. C., Allegheny Co., Jan. T., 1890, No. 90, dismissing petition for leave to appeal from decision of register in admitting will of A. H. Miller, deceased, to probate, and for rehearing of said decision. Petition for leave to appeal from register, and for rehearing. The opinion of the court below was as follows, by Ovee, J. “ A. H. Miller died Sept. 4, 1887, and on the 10th of that month his will was admitted to probate by the register of this county. On Jan. 18, 1890, Hampton J. Miller, his son, appealed from the decision of…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

There are three years allowed within which an appeal may be taken from a decree of the orphans’ court. The computation should be made from the date of the decree, and not from a refusal by the court to open it. This appeal was taken within the time allowed and the motion to quash must for that reason be dismissed. The other questions raised have been necessarily considered in the appeal of Alexander H. Miller in which an opinion is filed herewith. [The preceding case.] It ■is unnecessary to do more than refer to that case for the conclusions that control this.…

2Cited by5 opinions

  1. Miller's EstateSupreme Court of Pennsylvania · 1895
  2. Hanna EstateSupreme Court of Pennsylvania · 1951
  3. Haller's CaseSuperior Court of Pennsylvania · 1910
  4. Ellenberger v. State Workmen's Insurance Fund, Pennsylvania Court of Common Pleas, Alleghany County1932
  5. Lowry's EstatePennsylvania Orphans' Court, Philadelphia County · 1937

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