Holbrook v. Frey

OPINION

By THE COURT.

Submitted upon motion by the defendants-appellees seeking an order dismissing the appeal on questions of law and fact for the following reasons:

1. Appeal on questions of law and fact from the Probate Court to the Court of Appeals does not lie in a chancery case.

2. No bill of exceptions has been filed herein.

*482The record discloses that the appeal is from the judgment of the Probate Court on a complaint filed by the plaintiff-appellant under the provisions of §§10506-67-10506-77 GC. The proceeding was one brought by the administrator of the estate of Frank H. Barnes, deceased,…