In Re Davis

This matter is before the court on a motion to dismiss an appeal from the Orphans Court on the ground that the notice of appeal was not filed within the thirty days limited by law.

A decree was entered in the Orphans Court on the 13th day of January, 1941. The notice of appeal was not actually filed in the court until February 14th, the last day for filing having been February 13th. It appears from the affidavits submitted that the proctor for appellants did not learn of the entry of the decree until January 20th, when he received a copy from the counsel for respondents. The proctor made…