Roscoe v. Kolb, Exr.

This is an appeal on questions of law from a judgment of the Common Pleas Court. The parties stand in the same position as in the trial court and for convenience shall be here so designated. Defendant Matt Kolb, executor, by motion seeks an order dismissing this appeal on the ground that the notice of appeal was not filed within the time required by law. It follows that this is the first question demanding consideration.

Review of the original pleadings and the transcript of entries discloses that on September 3, 1949, the plaintiff filed her petition, seeking to set aside the will of her…