In re Estate of Overton
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Judicial settlement of the estate of William J. Overton, deceased. From rulings of the court on exceptions to th,e report of John C. Gray, executor, said executor appeals.
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Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Judicial settlement of the estate of William J. Overton, deceased. From rulings of the court on exceptions to th,e report of John C. Gray, executor, said executor appeals. On the 24th day of March, 1897, there was admitted to probate the last will and testament of William J. Overton, deceased: “Being of sound mind and member, I hereby revoke all the wills I have heretofore made or may have made. I first commend my body to mother earth and my spirit to the God who gave it. And it is my last will and testament…
1Opinion of the CourtTownseNd, J.
The appellees have filed a motion to dismiss the appeal in this case for the reason that none of ap*346pellant’s substantial rights have been prejudiced by the judgment appealed from; that he has no interest such as will entitle him to appeal; that he has not been aggrieved as executor by the judgment of the lower court; that the decision of the lower court was correct so far as his interest as executor is concerned; that he cannot appeal because the rights of other persons are violated; and that, if any one is aggrieved by the decision of the trial court, it is the minor, Daisy Overton, and as…
2Cases cited7 opinions
- In re Estate of HaasCalifornia Supreme Court · 1893
- Moss v. SandefurSupreme Court of Arkansas · 1854
- Mobley v. AndrewsSupreme Court of Arkansas · 1891
- White v. WhiteCourt of Appeals of Texas · 1895
- Smith v. GilmoreMissouri Court of Appeals · 1883
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