In re the Estate of da Silva

DISSENTING OPINION OF

GALBRAITH, J.

I am convinced that the appeal should be dismissed and therefore do not concur in the judgment of the majority of the court.

On November 25, 1901, a Circuit Judge of the First Circuit Court, sitting in Probate, adjudged the surviving widow, Antonia da Silva, to be the sole heir of the deceased, Jose da Silva, and made an order of final distribution of the estate, directing the clerk of the court to pay to the attorney of the widow, Thomas Pitch, Esq., all of the money in his hands belonging to the estate. There was paid to the attorney under said order the sum…