SHEERIN v. Beattie

Opinion by Mr. Justice Allen M. Stearne, The Register of Wills of Carbon County properly refused to probate a will where, before a formal decree of probate had been signed, verbal and written notice of an intention to file a caveat had been given him by the attorney for contestant, followed' in twenty days by the entry of a formal caveat and the filing of a statutory bond. Proponents, appellants herein, contend that the deputy register of wills had, in effect, probated the will despite the absence of a formal decree of probate and that the bond accompanying the formal caveat had *511 been filed too late. Appellants filed a petition for mandamus in the Court of Common Pleas seeking to compel tbe register formally to probate tbe will and issue Letters Testamentary. An answer was filed, issue joined and hearing bad. Tbe court filed an opinion entering judgment for tbe register, the appellee. This appeal followed. While we would have been in entire accord with tbe decision of tbe court below on the merits we cannot affirm tbe judgment entered by the court below because tbe Court of Common Pleas was without jurisdiction. Tbe Register of Wills Act of 1917, June 7, P. L. 415, 20 PS 1861 et seq. confers jurisdiction upon the register to probate wills. Tbe Orphans’ Court Act of 1917, June 7, P. L. 363, section 9 (m), 20 PS 2253, grants jurisdiction to tbe orphans’ court in all appeals from tbe orders and decrees of tbe register. Tbe remedy and method of procedure relating to probate and contest of wills being prescribed by these statutes, their provisions must be strictly pursued and exclusively applied : Keefer Estate, 351 Pa. 343, 41 A. 2d 666; Fahey Estate, 356 Pa. 535, 52 A. 2d 580; Quein Will, 361 Pa. 133, 62 A. 2d 909. For practice and procedure, and a host of applicable cases, see Judge Hunter’s Pennsylvania Orphans’ Court Commonplace Book. Order and Judgment reversed and tbe court below is directed to dismiss tbe proceedings for lack of jurisdiction. Costs to be paid by appellants.