Legal Opinion

Deming's Appeal from Probate

Supreme Court of Connecticut

Decided February 15, 1867PublishedCited by 9 opinions

Appeal from a decree of the court of probate for the district of New Britain, extending the time for the presentation of claims against the estate of Linus Beckley, deceased, represented insolvent; taken to the superior court in Hartford county. The appeal was in the following form :— “ At a court of probate holden at New Britain, Ac. Estate of Linus Beckley, late of Berlin, in said District, deceased.

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Appeal from a decree of the court of probate for the district of New Britain, extending the time for the presentation of claims against the estate of Linus Beckley, deceased, represented insolvent; taken to the superior court in Hartford county. The appeal was in the following form :— “ At a court of probate holden at New Britain, Ac. Estate of Linus Beckley, late of Berlin, in said District, deceased. Levi Derning, of Berlin, in Hartford county, Connecticut, appears in court and complains that he is aggrieved by the decree of said court, made on the 2d day of October, 1865, extending the…

1Opinion of the CourtPark, J.

This .case was tried upon its merits in the court below upon the reasons of appeal-filed by the appellant, and now for the first time the claim is made before this court that the appeal was void, on the ground that the record does not show that the appellant was interested in the estate of Linus Beckley. at the time the appeal was taken.

This court will not now turn the parties out of court by erasing the case from the docket, unless it clearly appears that the superior court had no jurisdiction of the appeal.

A defect in the record of such a character that the superior court would have…

2Cases cited4 opinions

  1. Swan v. WheelerSupreme Court of Connecticut · 1810
  2. Wardens & Vestry of Trinity Church v. HallSupreme Court of Connecticut · 1852
  3. Saunders v. DenisonSupreme Court of Connecticut · 1850
  4. Lockwood v. ReynoldsSupreme Court of Connecticut · 1844

3Cited by9 opinions

  1. Norton's Appeal from ProbateSupreme Court of Connecticut · 1879
  2. Averill v. LewisSupreme Court of Connecticut · 1927
  3. Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
  4. Davis's Appeal from ProbateSupreme Court of Connecticut · 1872
  5. Pavlick v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1953

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