In re the Probate of the Will of Allen
Supreme Court of Minnesota
The will of Alanson Allen having been offered for probate, by Hiram D. Allen the executor, in the probate court for Eamsey county, its allowance was opposed by the children of the testator, represented by Harvey Officer, Esq., their guardian ad litem, and also by Mrs. Lois G-. Nash, the mother-in-law of the testator, and a legatee.
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The will of Alanson Allen having been offered for probate, by Hiram D. Allen the executor, in the probate court for Eamsey county, its allowance was opposed by the children of the testator, represented by Harvey Officer, Esq., their guardian ad litem, and also by Mrs. Lois G-. Nash, the mother-in-law of the testator, and a legatee. The will haying been admitted to probate, the contestants appealed to the district court for Ramsey county, where the appeal of Mrs. Nash was dismissed, because of her want of interest, and the issue on the validity of the will, between the proponent and the other…
1Opinion of the CourtCornell, J.
The motion to dismiss the appeal as to Mrs. Nash must be granted, because she was not a party to the action or proceedings in which the order denying a new trial, which is the subject of the appeal, was made. Her connexion with the proceedings in the district court terminated upon the dismissal of her appeal from the probate court. She no longer remained a party, nor could she take any part in any future proceedings contesting the probate of the will, so long as the order of dismissal remained in force. If that order was erroneous to her prejudice, her remedy was to secure a reinstatement of…
2Cited by9 opinions
- Church of St. Vincent De Paul v. BrannanSupreme Court of Minnesota · 1906
- Goldsmith v. GatesSupreme Court of Alabama · 1921
- Will of Griffith v. GriffithWisconsin Supreme Court · 1917
- Baxter v. BaxterSupreme Court of Minnesota · 1917
- Kroschel v. DruschSupreme Court of Minnesota · 1917
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