Decree in Ejectment Not Appealable

Decree allowing eviction of a beneficiary in possession of the residence which is the major asset of the estate, and the sale of which is necessary for the administration of the estate, is not an appealable order because it is not a final order settling the estate and it is not one of the orders appealable under Pa.R.A.P. 342. Capobianco Estate, 1 Fid.Rep.4th 311 (Philadelphia O.C. 2019), app. dism’d, 2537 EDA 2019 (Pa. Super. 11/13/2019).

[DBE Note: Pa.R.A.P. 342(a)(6) allows an appeal from an order “determining an interest in real or personal property,” and an appeal might be allowed because the Orphans’ Court had determined that the appellant had no interest in the property allowing him to remain in possession. However, the appeal was dismissed because the appellant failed to file the docketing statement required by Pa.R.A.P. 3517.]

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