Taylor v. Hilton
Supreme Court of Oklahoma
Error from the United States Court for the Southern District of the Indian Territory, at Ardmore; Hosea Townsend, Judge. Application bj Rual F. Taylor for the probate of the will of Maggie Taylor, deceased.
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Error from the United States Court for the Southern District of the Indian Territory, at Ardmore; Hosea Townsend, Judge. Application bj Rual F. Taylor for the probate of the will of Maggie Taylor, deceased. From a decree in favor of contestants, W. L. 0. Hilton and another, denying the probate of the will in part, the proponent brought error to the United States Court of Appeals for the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma. On May 5, 1905, Rual F. Taylor, plaintiff-in error, filed in the office of the clerk of the United States Court…
1Opinion of the CourtTurner, J.
(after stating the facts as above). It is contended that the court erred in entering that part of said order rejecting the probate of that part of the will of Maggie Taylor devising her allotment. In this we concur and are of the opinion that the court exceeded its jurisdiction in making that part of the order complained of. Under “Proving Wills and Contesting their probate,” Mansf. Dig. Ark. 1884, § 6509 (Ind. T. Ann. St. 1899, § 3581), provides:
“An appeal shall lie from the court of probate to the circuit court, and thence to the Supreme Court, upon every order admitting a will to record or…
2Cases cited7 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Ward v. BrownWest Virginia Supreme Court · 1903
- Cox v. CoxSupreme Court of Missouri · 1890
- Ramsey v. WelbyCourt of Appeals of Maryland · 1885
- People v. Ah SingCalifornia Supreme Court · 1862
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3Cited by14 opinions
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- Mantz v. GillSupreme Court of Oklahoma · 1931
- In Re Allen's WillSupreme Court of Oklahoma · 1914
- Chouteau v. ChouteauSupreme Court of Oklahoma · 1915
- Powell v. HayesSupreme Court of Arkansas · 1928
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