Killies v. Williams

This cause is before us upon a motion filed by the respondent, Bertha Marie Sophia Kasten Williams, to dismiss the appeal of Bertha Killies, executrix of the estate of Minna Ristman, deceased. The decree which the appeal seeks to challenge was entered in a declaratory judgment proceeding and held that the respondent “is entitled to all the residue of said estate and said executrix is hereby ordered and directed to deliver said residue to her.” The motion to dismiss is based upon the premise that the appellant, in her capacity as executrix, is not an aggrieved party.

It is necessary to take…