Legal Opinion

In Re McGannon's Estate

Supreme Court of Oklahoma

Decided June 22, 1915No. 4562PublishedCited by 10 opinions

Error from District Court, Tulsa County; L, M. Poe, Judge. In re Estate of James G. McGannon, deceased. Exceptions filed by Peter McGannon to the account of an administratrix were overruled in the county court, and' on the exceptor’s appeal were overruled in part and sustained in part, and Alice S. McGannon brings error. This was an appeal from the county court of Tulsa county, from a judgment of that court overruling exceptions filed to the account of an administratrix.

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Error from District Court, Tulsa County; L, M. Poe, Judge. In re Estate of James G. McGannon, deceased. Exceptions filed by Peter McGannon to the account of an administratrix were overruled in the county court, and' on the exceptor’s appeal were overruled in part and sustained in part, and Alice S. McGannon brings error. This was an appeal from the county court of Tulsa county, from a judgment of that court overruling exceptions filed to the account of an administratrix. The exceptions were filed in the county court by Peter McGan-non, one of the heirs at law of the intestate, and are as.…

1Opinion of the Court

It will be noticed that the overruling of the motion for a new trial is not assigned as error, and the question arises in its absence, What is left for us to pass on in this case? In considering this question, it will be borne in mind that on appeal to the district court from the county court in probate proceedings, the trial is de novo, and is to be conducted in the same manner as if the case and proceedings had originated in the district court, and the district court has the same power to decide questions of fact that the county court had. Williams' Constitution of Oklahoma, sec. 201…

2Cases cited17 opinions

  1. In re RoseCalifornia Supreme Court · 1889
  2. Estate of Moore v. MooreCalifornia Supreme Court · 1887
  3. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  4. In re Estate of LevinsonCalifornia Supreme Court · 1895
  5. Parker v. LewisSupreme Court of Oklahoma · 1915

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3Cited by10 opinions

  1. State Ex Rel. Department of Transportation v. LittleSupreme Court of Oklahoma · 2004
  2. Wise v. CutchallSupreme Court of Oklahoma · 1935
  3. In Re White's EstateSupreme Court of Oklahoma · 1935
  4. In Re Widener's EstateSupreme Court of Oklahoma · 1925
  5. Exendine v. IronSupreme Court of Oklahoma · 1931

5 more not listed; retrieve them via the Exa API.

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