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ESTATE ERNEST M. ROTHERMEL (03/18/75)

decided: March 18, 1975.

IN RE ESTATE OF ERNEST M. ROTHERMEL, DECEASED. APPEAL OF COMMONWEALTH


COUNSEL

Vincent J. Dopko, Deputy Atty. Gen., Harrisburg, for appellant.

D. Frederick Muth, Rhoda, Stoudt & Bradley, Reading, for appellee, Estate of Ernest M. Rothermel, Dec'd.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Eagen, J., concurs in the result.

Author: Per Curiam

[ 461 Pa. Page 2]

OPINION OF THE COURT

After a full hearing below, the Orphans' Court filed a decree nisi in favor of the decedent's estate and afforded the Commonwealth ten days within which to file exceptions. The decree became final at the expiration of the ten days. However, since no exceptions were taken, no issues were properly preserved for appeal. Supreme Court Orphans' Court Rules § 3, Rule 1; Pa.R.C.P. No. 1518, 12 P.S. Appendix; Logan v. Cherrie, 444 Pa. 555, 282 A.2d 236 (1971).

Motion to quash appeal denied and decree affirmed. Each party to pay own costs.

19750318

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