Burke v. Terry
Supreme Court of Connecticut
Writ of error. The judgment below was rendered by the superior court in favor of the defendant, Terry, upon his appeal from a decree of the court of probate for the district of New Haven, allowing and settling the administration account of the plaintiff Burke, as administrator of Cornelius Burke.
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Writ of error. The judgment below was rendered by the superior court in favor of the defendant, Terry, upon his appeal from a decree of the court of probate for the district of New Haven, allowing and settling the administration account of the plaintiff Burke, as administrator of Cornelius Burke. The reasons of appeal assigned by the appellant in the court below, were, that the probate court had not allowed to the administrator,in his account,, the sum of $200 due to the appellant from the administrator for services rendered by him as an attorney in the settlement of the estate; the…
1Opinion of the CourtEllsworth, J.
There is manifest error in this record.
The appellant is not .a creditor of the estate of Cornelius Burke, as is apparent on the face of the reasons assigned by *him why the decree of probate should be [ *416 ] reversed. Whatever claim he may have for services rendered to Daniel Burke, it is against him individually, and not against the estate, as this court recently , decided in the case of Taylor v. Mygatt, 26 Conn., 185.
Mr. Terry has nothing to do with the settlement of the administration account, and hence can not complain of what is done in the premises. For the same reason he is not injured…
2Cited by3 opinions
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Yeakle v. PriestMissouri Court of Appeals · 1895
- Sophia Miller's Appeal From ProbateConnecticut Superior Court · 1956