Biddison v. Story

Irving, J., delivered tbe opinion of the Court. This case although contained in a separate record, was argued with the case which immediately precedes it on the docket. John S. Biddison, Adm’r of Lydia P. Millichopp vs. Lydia A. Mosely, et al. It is really but a continuation of that case. We therefore refer to the statement of facts contained in that case, for the full understanding of this. ⁹⁷ Subsequent to the order of the Orphans’ Court, by •which the appellant’s letters of administration upon the estate of Lydia, P. Millichopp were revoked, and after the appeal from that order had been prayed and granted, the Orphans’ Court passed an order dismissing that appeal, for the reasons stated in the former case.

Having so done the Orphans’ Court appointed the appellee administrator de bonis non of Lydia P. Millichopp. Afterwards on the 4th of January, 1881, upon the application of the appellee, the Orphans’ Court passed the order of sequestration which forms the subject of appeal in this case. It does not appear that a formal appeal was taken from the order appointing the appellee administrator; hut the decision of this appeal involves the validity of the order; and the appellee’s counsel say in their brief, that is the sole question in this case. At the hearing of the cause in this Court it