When a petition for letters is rejected by the Register of Wills and the Orphans’ Court refuses to grant letters, the finding by the court that the petitioner is not entitled to letters is not an appealable order because there … Continue reading
Tag Archives: Appealability
The Orphans’ Court agreed that it erred by ordering a party to file an account after dismissing preliminary objections and without allowing the party to file an answer to the petition, but concluded that the resulting decree was not an … Continue reading
Although it is proper to petition a trial court for a stay pending an appeal, a denial of the petition can not be appealed and a petition for a stay must be filed with the appellate court. In re: Passarelli … Continue reading
Orphans’ Court decree that authorized the sale of real estate was immediately appealable under Pa.R.A.P. 342(a)(6) and so the failure to appeal was a waiver of any right to a later appeal. Krasinski Estate, 40 WAP 2018 and 41 WAP … Continue reading
Order allowing a “private auction” of real estate among the beneficiaries of the estate was an order that determined an interest in real property within the meaning of Pa.R.A.P. 342(a)(6), so that it was appealable as of right and the … Continue reading
When an Orphans’ Court enters a nonsuit to objections to an account, the objectant must file a motion with the court to remove the nonsuit before appealing the nonsuit. In re: Ernest J. Koeberlein Trust, No. 652 WDA 201 (Pa. … Continue reading