Torbett v. McCoy

WILSON, Justice.

The probate court approved the final account of an administrator with will annexed and ordered sale of realty, determined to be incapable of partition in kind, with distribution of proceeds to the guardian of the estate of a minor and another. The order was dated June 13, 1962. The guardian excepted to the partition order and filed notice of appeal to the District Court. The latter court dismissed the appeal on administrator’s motion asserting the guardian had filed no appeal bond, and his plea in abatement urging that the guardian had filed no pleading, objection or exception…