Commonwealth ex rel. Winpenny v. Bunn
Supreme Court of Pennsylvania
Mandamus of January Term 1871, at the relation of Joseph Winpenny against William M. Bunn, register of wills, &c., of Philadelphia.
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Mandamus of January Term 1871, at the relation of Joseph Winpenny against William M. Bunn, register of wills, &c., of Philadelphia. The alternative writ of mandamus was as follows :— “ Whereas, it has been suggested to us that Joseph Winpenny, petitioner, is a brother of A. Jackson Winpenny, deceased, who died on or about the 12th day of November, A. D. 1870; the said Joseph Winpenny, upon the 17th day of November, A. D. 1870, filed a caveat in the office of the register, &c., against the admission to probate of any alleged will of the said A. Jackson Win-penny, deceased; that upon the 3d day…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
Every register has, within his county, jurisdiction of the probate of wills, and of granting letters testamentary and of administration, but he has not the power at discretion of disposing of every matter which may arise in the performance of his functions, if objected to by a competent party. The 25th section of the Act of March 15th 1832 plainly shows this. It says: “ Where objections are made, or a caveat is entered against the probate of any last will and testament, and no precept for an issue is directed by the register into the…
2Cases cited2 opinions
- Commonwealth ex rel. Griffith v. CochranSupreme Court of Pennsylvania · 1812
- Piatt v. St. Clair's HeirsOhio Supreme Court · 1833
3Cited by5 opinions
- Mangold v. NeumanSupreme Court of Pennsylvania · 1952
- Shepard's EstateSupreme Court of Pennsylvania · 1895
- Galli's EstateSupreme Court of Pennsylvania · 1915
- Commonwealth, Department of Health v. HanesCommonwealth Court of Pennsylvania · 2013
- In re Costigan, Register of Wills, Pennsylvania Court of Common Pleas, Philadelphia County1976