Bell v. Davis
Supreme Court of Oklahoma
Error from District Court, Tulsa County; E. M. Poe, Judge. M. F. Smith petitioned for the probate of the will of Tuckabache, and Ethel Davis and others filed objections. From an order admitting the will to probate, contestants appealed to the district court, and the executor dying, Albert H. Bell, as administrator of the will annexed of Tuckabache, was substituted as proponent. • Judgment for contestants, and Bell brings error. On motion to dismiss.
1Opinion of the CourtBleakmore, J.
This case presents error from the district court of Tulsa county, and now comes on to be heard before this court upon motion of defendants in error to dismiss the appeal for the reasons: (1) That the plaintiff in error has no appealable interest and is not a proper party to this proceeding on appeal; and (2) that all of the parties whose interests would be affected by a reversal of the judgment of the trial court are not made parties in this court.
The facts, as disclosed by the record, are: That one Tuckabache executed a certain instrument purporting to be his last will and testament, by the…
2Cases cited16 opinions
- Ward v. BrownWest Virginia Supreme Court · 1903
- Hancock v. Diamond Plate Glass Co.Indiana Supreme Court · 1904
- Whisler v. WhislerIndiana Supreme Court · 1903
- Tobin v. HaackSupreme Court of Minnesota · 1900
- Burmeister v. GustSupreme Court of Minnesota · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Booth v. McKnightSupreme Court of Oklahoma · 2003
- Brock v. KeiferSupreme Court of Oklahoma · 1916
- Sporn v. HerndonSupreme Court of Oklahoma · 1942
- Smith v. ReneauSupreme Court of Oklahoma · 1941
- Barnes v. LogsdonSupreme Court of Oklahoma · 1936
14 more not listed; retrieve them via the Exa API.