Kostyshyn v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER KOSTYSHYN, Appellant, v. STATE OF DELAWARE, Appellee. § § § § § § § § § No. 247, 2013 Register of Wills, in and for New Castle County File No. 125514 Submitted: June 6, 2013 Decided: June 11, 2013 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 11th day of June 2013, the Court has considered the notice to show cause and the appellant s response thereto. Appellant is attempting to appeal from a document dated February 15, 2011, signed by the Chief Deputy Register of Wills, which certifies the inventory of the estate of Kataryna Kostyshyn. The estate was closed in 2003, and no exceptions were filed.1 The Court of Chancery has exclusive jurisdiction to rule upon probate matters, following which an appeal may then be taken in this Court.2 We will not hear a matter directly from the Register of Wills. 1 See In re Kostyshyn, 2011 WL 1486571 (Del. Apr. 19, 2011). 2 Williams v. Wilmington Trust Co., 1993 WL 539210 (Del. Nov. 22, 1993). NOW, THEREFORE, IT IS ORDERED that this appeal is hereby DISMISSED for this Court s lack of jurisdiction. Moreover, in light of this Court s recent rulings that: (a) Kostyshyn s claims regarding the handling of his mother s estate are procedurally barred for his failure to take timely exceptions;3 and (b) Kostyshyn is not entitled to in forma pauperis status in light of an escrow account held by the Superior Court on his behalf that is worth more than $70,0004, we hereby direct the Clerk of the Court to refuse any future filings from Kostyshyn regarding this estate unless the notice of appeal or writ is also accompanied by the required filing fee. BY THE COURT: /s/ Carolyn Berger Justice 3 In re Kostyshyn, 2012 WL 5508435 (Del. Nov. 13, 2012). 4 See Kostyshyn v. State, 2013 WL 1857541 (Del. Apr. 30, 2013). -2-
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