Estate of Perkins v. Perkins

The opinion of the court was delivered by

Wedell, J.:

This was an appeal from the probate court to the district court on an order of the former court admitting a will to *612probate. The appeal was instituted by W. E. Perkins, a brother and heir of Leander Wilkes Perkins, deceased. The appeal was dismissed on a motion of the executor which challenged the jurisdiction of the district court to hear the appeal and on the ground the order admitting the will to probate was not an appealable order. From that ruling W. E. Perkins appeals.

The sole question is whether an order of a probate court admitting a…