Crawford v. Schooley
Crawford v. Schooley
Opinion of the Court
Opinion by
This proceeding, so far as it was an appeal from the decree of the register admitting to probate the will of James L. Crawford, bearing date of September 13, 1896, was entirely
Since the question considered by the court below — to no purpose as we have seen — is sure to arise when the disputed will shall come to be offered for probate, we take occasion here to say that in proceedings of this character, when the subscribing witnesses to a will testify to its due execution, an issue to determine the genuineness of the instrument, if requested by the proponent, is a matter of right.
The decree appealed from is reversed, and the record remitted for further proceedings in accordance herewith.
Reference
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- Syllabus
- Wills — Probate—Appeals from register — Jurisdiction of orphans’ court — Practice, O. C. On an appeal to the orphans’ court from the decree of the register of ■wills, admitting a will to probate, where the appellant produces a paper testamentary in character, bearing a later date, and proved as to its execution by two witnesses, the orphans’ court should open the decree admitting to probate the earlier will, and direct that the appellant produce before the register, the paper which he claims to be a later will, and proceed to make proof of its execution and validity in the usual manner. The court has no jurisdiction on the appeal from the probate of the earlier will to consider an application for an issue to determine the validity of the paper alleged to bo a later will. When the subscribing witnesses to a paper purporting to be a will, testify to its due execution, an issue to determine the genuineness of the instrument, if requested by the proponent, is a matter of right.