Craighead v. Alexander
Court of Appeals for the D.C. Circuit
Hearing oil cross appeals from an order of the Supreme Court of the District of Columbia, sitting as a probate court; one of the appeals being by petitioners who sought to have waivers of citation signed by them set aside for fraud, and the probate of a will vacated; the other appeal being by the executors under the will from so much of the order as directed the petition to stand as a caveat to the will as a will of real estate.
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Hearing oil cross appeals from an order of the Supreme Court of the District of Columbia, sitting as a probate court; one of the appeals being by petitioners who sought to have waivers of citation signed by them set aside for fraud, and the probate of a will vacated; the other appeal being by the executors under the will from so much of the order as directed the petition to stand as a caveat to the will as a will of real estate. The Court in the opinion stated the facts as follows: These two appeals have been heard together, as they relate to the same order. Harriet V. A. Craighead died July…
1Opinion of the CourtChief Justice Shepard
1. These appeals were argued by both parties, upon the as*234sumption that the report of the evidence taken below and made a part of the record by order of the court is properly before this court for review. A proceeding in a probate court is not a proceeding in equity, and final orders therein are only reviewable in accordance with the practice at common law. Ormsby v. Webb, 134 U. S. 47—65, 33 L. ed. 805—812, 10 Sup. Ct. Rep. 478; Campbell v. Porter, 162 U. S. 478—481, 40 L. ed. 1044, 1045, 16 Sup. Ct. Rep. 871. And the evidence in such cases must be brought up in a bill of exceptions. Whether…
2Cited by4 opinions
- In Re Estate of HimmelfarbDistrict of Columbia Court of Appeals · 1975
- Hengesbach v. HengesbachCourt of Appeals for the D.C. Circuit · 1940
- Hengesbach v. HengesbachCourt of Appeals for the D.C. Circuit · 1942
- Himmelfarb v. GreenspoonDistrict of Columbia Court of Appeals · 1975