Cheever v. Circuit Judge

The sole question in this case is, whether the persons named executors in an instrument purporting to be the last will and testament of Hiram Arnold, deceased, may ■appeal from the order of the probate court disallowing the same, notwithstanding all persons who would be interested as heirs or distributees in case the decedent had died intestate, and all living persons whom the instrument purports to make beneficiaries, unite in a settlement of the estate .and oppose the •appeal. The circuit court held that they could not, and dismissed the appeal which, in due form, they had attempted to take.