In re the Probate of the Will of Brown
Supreme Court of Minnesota
An instrument was admitted to probate as the last will of John S. Brown, in the probate court of Le Sueur county, without contest, on June 4,1883. On July 2, 1883, Emily Brown, a daughter of the decedent, (who had not appeared in the probate court) served upon the attorney who had appeared for the executor and proponent in the probate court a notice of appeal to the district court of that county, accompanied by the affidavit recited in the opinion.
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An instrument was admitted to probate as the last will of John S. Brown, in the probate court of Le Sueur county, without contest, on June 4,1883. On July 2, 1883, Emily Brown, a daughter of the decedent, (who had not appeared in the probate court) served upon the attorney who had appeared for the executor and proponent in the probate court a notice of appeal to the district court of that county, accompanied by the affidavit recited in the opinion. A motion to dismiss the appeal was denied by Macdonald, J., and the cause tried and judgment entered for the contestant, from which the executor…
1Opinion of the CourtBerry, J.
Gen. St. 1878, c. 49, § 14, provides that an appeal from a judgment or order of a probate court “can only be taken by a party aggrieved who appeared and moved for or opposed the order or judgment appealed from, or who, being entitled to be heard thereon,, had not due notice or opportunity to be heard; the latter fact to be shown by affidavit, and filed and served with the notice” of appeal..
The appeal in the present instance was taken from an order of the. *444probate court admitting to probate the will of contestant’s father. It is not questioned that she was entitled to be heard upon the matter…
2Cases cited3 opinions
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Wheeler v. HartshornWisconsin Supreme Court · 1876
- Welton v. GaribardiCalifornia Supreme Court · 1856
3Cited by5 opinions
- Rong v. HallerSupreme Court of Minnesota · 1909
- In Re Estate of JeffersonSupreme Court of Minnesota · 1926
- In Re Estate of OsbonSupreme Court of Minnesota · 1930
- In Re Estate of MeyerSupreme Court of Minnesota · 1971
- State, Department of Public Welfare v. ZutzSupreme Court of Minnesota · 1971