9 Pa. 302 | Pa. | 1848
In Downer v. Downer, 9 W. 63, the rights of the parties in this controversy, under the will of their father, were investigated and decided, and the remedy of the legatees and beneficiaries under the will, clearly defined. It was the opinion of the court then, and we see no reason to alter it now, that the remedy was in the Orphans’ Court, under the act of the 24th February, 1834. That the will was proved, before the passage of that act, can make no difference, as the case, notwithstanding, comes as well within the words as the spirit of the act. Rut admitting the jurisdiction of the court, exception is taken to the form of petition. It is said that Hiram Downer is a volunteer, having no interest in the premises. But an Orphans’ Court, acting on the principles of a Court of Chancery, will disregard form by striking out parties and adding to the number, if necessary, to reach the justice of the case. The same observation will apply to the second objection; but we are further of opinion that the answer to, the respondent’s' prayer, that the petition may be dismissed for want of sufficient parties, is conclusive. The beneficiaries are the proper parties to the proceedings, and we see no reason for saying an administrator de bonis non is required for the purposes of this suit. There is no interest of the estate involved in the controversy which requires
Decree of the court dismissing the petition is reversed, and a procedendo awarded.