Legal Opinion

Spriggs v. Stone

Court of Appeals for the D.C. Circuit

Decided May 23, 1949No. 9927PublishedCited by 5 opinions

1Per curiam

The District Court sitting as a probate court entered an order construing a will. Although devisees adversely affected by the order were parties, they did not appeal. Devisees favorably affected by the order have moved to dismiss an appeal taken by the executor.

“Any party aggrieved by any final order * * * may appeal * * D. C.Code 1940 § 17 — 101. As a general rule an, executor is not aggrieved and therefore cannot appeal unless either the estate as a whole is affected, or else his individual interests are affected as by an order refusing probate or removing the executor or disallowing an…

2Cases cited2 opinions

  1. Webb v. LohnesCourt of Appeals for the D.C. Circuit · 1938
  2. Barksdale v. MorganCourt of Appeals for the D.C. Circuit · 1910

3Cited by5 opinions

  1. Seaboard Surety Company, a New York Corp., and Hansen & Rowland, Inc., a Washington Corp. v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  2. National Bank of Washington v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1953
  3. In Re Estate of JacobsonDistrict of Columbia Court of Appeals · 1978
  4. Cannady v. KestersonCourt of Appeals for the D.C. Circuit · 1949
  5. Cogswell v. AikenDistrict of Columbia Court of Appeals · 1951

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