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ESTATE CLAIRE M. MCGROREY (10/07/77)

decided: October 7, 1977.

ESTATE OF CLAIRE M. MCGROREY, LATE A MINOR, APPEAL OF CLAIRE M. MCGROREY


COUNSEL

John J. O'Brien, Jr., Elizabeth McKenna Iannelli, Philadelphia, for appellant.

M. Paul Smith, Norristown, for appellee, Continental Bank.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, former C. J., did not participate in the consideration or decision of this case.

Author: Roberts

[ 474 Pa. Page 403]

OPINION OF THE COURT

This is an appeal from a final decree*fn1 of the Orphans' Court Division of the Court of Common Pleas of Montgomery County confirming the first and final account of the guardian of the estate of Claire M. McGrorey.*fn2 Appellant, Claire M. McGrorey, contends that appellee Continental Bank, guardian of her estate, should be surcharged for investment losses sustained by her estate. Appellee urges that none of appellant's issues have been preserved for appeal because appellant failed to file exceptions to the

[ 474 Pa. Page 404]

    orphans' court's nisi adjudication, as authorized by Montgomery County's orphans' court rules. We agree. Since all of the issues raised here by appellant could have been considered by the orphans' court on exceptions, and no exceptions were filed, the asserted issues have not been preserved for our review. Hence, we affirm.*fn3

Rule 7.1 of the Supreme Court Orphans' Court Rules provides that exceptions be filed as local rules shall prescribe.*fn4 In the absence of a contrary local rule, exceptions to an adjudication of the orphans' court are authorized by Rule 1518 of the Pennsylvania Rules of Civil Procedure, which provides that any issues which could be raised on exceptions are waived if no exceptions are filed.*fn5

Montgomery County has two rules relevant to when exceptions are authorized. Local rule 75.1 states:

"No exceptions shall be filed to orders or decrees entered in proceedings unless the right to except thereto is expressly conferred by act of assembly, by general rule, or by special order; and all decrees other than those to which

[ 474 Pa. Page 405]

    exceptions are so allowed to be taken, shall be ...


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