— Petitioners were awarded $1,040.90 each as decedent’s next of kin and schedule of distribution duly approved. Julia French, an unsuccess
Section 4 of the Act of May 19, 1897, P. L. 67, as amended by section 1 of the Act of May 11, 1927, P. L. 972, provides:
“No appeal shall be allowed in any case from ... or decree of . . . orphans’ court, unless taken within three calendar months from the entry of the . . . decree appealed from, nor shall an appeal supersede an execution issued or distribution ordered, unless taken and perfected, and bail entered in the manner prescribed within three weeks from such entry.”
The disappointed claimant who has appealed asks us in effect to make her appeal a supersedeas even though she has not entered bail, by withholding from the distribu-tees the order to pay to which they are entitled. Undoubtedly, we may in our discretion withhold an order to pay where an appeal has been taken even though a super-sedeas has not been effected, as was done in Lafferty’s Estate, 6 Dist. R. 421, but this discretion will be sparingly exercised and only under exceptional circumstances.
The distributees here commendably withheld this application until after appellant continued the appeal beyond the present term of the Supreme Court. Claimant’s failure to have pressed her appeal with dispatch certainly cannot be regarded as entitling her to any further consideration.
Petition granted.