Opinion
Argued April 7, 1975.
Decided March 17, 1976. Rehearing Denied April 27, 1976.
Appeal from the Common Pleas of Mongomery County, Orphans' Court Division at No. 72496, Alfred L. Taxis, Jr., J.
Kingsley A. Jarvis, Norristown, for appellant.
Walton B. Yoder, Jr., Souderton, for appellee.
Before JONES, C. J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
OPINION OF THE COURT
Appellant having failed to file exceptions to the decree from which this appeal is brought, the appeal is quashed. See Banes Estate, 461 Pa. 203, 336 A.2d 248 (1975); Sniderman Estate, 450 Pa. 133, 299 A.2d 207 (1973).
Costs on appellant.
EAGEN, O'BRIEN and ROBERTS, JJ., filed a dissenting opinion.
This appeal is from a final decree of the orphans' court which was timely filed. The merits of the controversy should therefore be reached. The majority, instead, quashes the appeal. We dissent.