253 Pa. 447 | Pa. | 1916
The court below was without jurisdiction to make the decree appealed from: Willard’s App., 65 Pa. 265. On that case the court below undertook to do just what was done here, and, in reversing its decree, we said, through Mr. Justice Sharswood: “It would, perhaps, be a very convenient practice immediately upon the death of a decedent to have all possible questions which might arise upon the construction of his will, and in the settlement and distribution of his estate, settled by a decree of the Orphans’ Court in limine, and by way of anticipation, and by an appeal to the Supreme Court from such a decree, have a final and conclusive determination of the subject. It would certainly save counsel a great deal of responsibility in giving advice. But the acts of assent
Decree reversed at appellee’s costs, without prejudice to his right to assert title to the premises No. 901 Clinton street, in the City of Philadelphia, in a proper proceeding instituted for that purpose.