Kimball v. Kimball

The opinion of the court was delivered by

Redfield, J.

This was an application to the probate court to cite in the defendant to make a discovery, under oath, in regard to certain property of the deceased, or what was, by the executor, claimed to be the property of the deceased. The defendant declined answering certain interrogatories propounded to him, and which the probate- court decided he was bound to answer ; and from this decision he claimed and was allowed an appeal to the county court. In the county court the hearing proceeded, by general "consent, upon the question as to the propriety…