
    Estate of James Beatty, Deceased. Appeal of S. S. Taylor, Guardian.
    
      Wills—Probate—Jurisdiction—Jurisdiction of register of wills—Orphans' court.
    
    The register’s powers cease with the probate of a will, and he has no jurisdiction to entertain a petition for the revocation of the probate, or to set the will aside.
    Argued Oct. 17, 1899.
    Appeal, No. 124, Oct. T., 1899, by S. S. Taylor, guardian et al., from decree of O. C. Beaver Co., June T., 1899, No. 39, setting aside an order of the register opening the probate of a will.
    Before Sterjrett, C. J., Green, McCollum:, Mitchell, Dean and Fell, JJ.
    Affirmed.
    
      Appeal from register of wills.
    Wilson, P. J., filed the following opinion:
    The will in this case was probated September 6, 1894. The petition of L. L. Wilson and Nettie P. Wilson, by their guardian, S. S. Taylor, was filed on June 22, 1897, with the register of wills for the revocation of the probate of said will. “ With the probate of the will the register’s power ceased. Under the constitution all questions thereafter touching the probate or validity of the will are to be determined by the orphans’ court on appeal from the register’s decision where the proper issue may be framed.” See Mathew v. Biddell, 8 Pa. Superior Ct. 112. The register in this case upon petition filed, asking for revocation of probate, took testimony and set the will aside. Under the law as interpreted by the Superior Court he had no jurisdiction in the premises. The only course open to the petitioner was by appeal to the orphans’ court from the action of the register in probating the will.
    Now, January 9, 1899, the proceedings before the register are set aside and the order of the register in opening the probate of said will, in placing the costs on Antoinette Cowen and others, is also set aside.
    
      Error assigned was the decree of the court.
    
      A. P. Marshall, with him L. E. Grim, for appellants.
    
      George Wilson, Richard S. Molt, John M. Buchanan and William A. McOonnel, for appellees, were not heard.
    October 17, 1899:
   Pee Cueiam,

Decree affirmed at bar.  