Packer v. Overton

Appellees, as heirs of certain legatees .under the will of Elias Overton, pray for an order of. distribution of legacies, and seek to have impressed a lien for the amounts due, on certain real estate of which the testator died seized. The defendant-appellant is the administrator with the will' annexed.

A preliminary question, not involving the merits of this case, is presented on motion of appellees to dismiss thé appeal, which, in logical sequence of the propositions submitted, should be first determined. The motion is predicated on the ground that the administrator has no right to prosecute…