Appeal of Bearmer
Supreme Court of Pennsylvania
Appeal of Bearmer, 126 Pa. 77 (Pa. 1889)
17 A. 749; 1889 Pa. LEXIS 837
Ctieiam, Green, Mitchell, Paxson, Steerett, Williams
Appeal of Bearmer
Opinion of the Court
The register of wills refused to admit the will of Margaret Bearmer to probate, and granted letters of administration upon her estate to the appellants. From this decision an appeal was taken to the Orphans’ Court. No issue was asked for at any stage of the proceedings. We have nothing before us but a question of fact upon which the Orphans’ Court has reversed the register, and admitted the will to probate. The court finds that “the will in question was duly executed, and the witnesses thereto were competent and honest.” We are not prepared to say this finding is not correct.
Decree affirmed and the appeal dismissed at the costs of the appellants.
Reference
- Full Case Name
- APPEAL OF JOHN BEARMER [Estate of Margaret Bearmer, Deceased.]
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- (а) On an appeal to the Orphans’ Court from the decree of the register refusing to admit a testamentary paper to probate and granting letters of administration, no issue was asked for by either party. (б) The Orphans’ Court upon the testimony adduced, found that the testamentary paper was the last will of the deceased, and decreed that it should be admitted to probate and letters testamentary issued thereon: from this decree an. appeal was then taken to tills court. 1. In such case, as there was nothing before the Supreme Court but a question of fact upon which the Orphans’ Court had passed, and the finding of that court having been based upon sufficient evidence, its decree would be affirmed and the appeal dismissed.