Norton's Appeal from Probate
Supreme Court of Connecticut
Appeal from the probate of a -will; taken to the Superior Court in Hartford County. The appeal described the appellant as “brother of said deceased,” but did not state what interest he had as such in the matter of the appeal. In his reasons of appeal filed in the Superior Court he alleged that he was the heir at law of the deceased. The appellees moved that the case be erased from the docket, and the court (Hovey, J!,) ordered it erased.
Read the full summary
Appeal from the probate of a -will; taken to the Superior Court in Hartford County. The appeal described the appellant as “brother of said deceased,” but did not state what interest he had as such in the matter of the appeal. In his reasons of appeal filed in the Superior Court he alleged that he was the heir at law of the deceased. The appellees moved that the case be erased from the docket, and the court (Hovey, J!,) ordered it erased. The appellant brought the record before this court by a motion in error.
1Opinion of the CourtGranger, J.
The questions involved in this case seem to have been fully settled in the case of Swan v. Wheeler, 4 Day, 137. It is there held that in an appeal from probate it must appear that the appellant is a party interested, and that the proper place to aver such interest is not in the assignment of reasons before the Superior Court, but in the motion for *528appeal before the court of probate. This case is cited with approval in Saunders v. Dennison, 20 Conn., 521, and Deming's Appeal from Probate, 34 Conn., 201. If the interest of the appellant already appears on the face of the proceedings in the…
2Cases cited3 opinions
- Swan v. WheelerSupreme Court of Connecticut · 1810
- Deming's Appeal from ProbateSupreme Court of Connecticut · 1867
- Saunders v. DenisonSupreme Court of Connecticut · 1850
3Cited by30 opinions
- Tyler v. Board of Zoning AppealsSupreme Court of Connecticut · 1958
- Hartford Kosher Caterers, Inc. v. GazdaSupreme Court of Connecticut · 1973
- In Re Estate of MeredithMichigan Supreme Court · 1936
- Avery, Appeal From ProbateSupreme Court of Connecticut · 1933
- Merrimac Associates, Inc. v. DiSesaSupreme Court of Connecticut · 1980
25 more not listed; retrieve them via the Exa API.