Legal Opinion

Barksdale v. Morgan

Court of Appeals for the D.C. Circuit

Decided March 1, 1910No. 2084PublishedCited by 6 opinions

• Hearing on an appeal by the complainant from a decree of tbe Supreme -Court of tbe District of Columbia sustaining exceptions to a report of the auditor allowing counsel fees to counsel employed by tbe complainant as executor in a will contest, and also on a motion to dismiss tbe appeal.

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• Hearing on an appeal by the complainant from a decree of tbe Supreme -Court of tbe District of Columbia sustaining exceptions to a report of the auditor allowing counsel fees to counsel employed by tbe complainant as executor in a will contest, and also on a motion to dismiss tbe appeal. Tbe Court in tbe opinion stated tbe facts as follows: This is an appeal from a final decree of tbe supreme court of tbe District of Columbia in equity refusing appellant, Noel W. Barksdale, an allowance of an attorney’s fee as a claim against tbe estate of which he is executor. It appears that one Charles…

1Opinion of the CourtJustice Van Orsdel

At the outset we are met with a motion to dismiss the appeal on the ground that the appellant has no interest in the appeal: “First, because, as executor of the estate of Charles It. Morgan, he should resist any claims against the estate, or, at least, remain neutral;.and, second, because, as executor, he has no interest in the claim presented by Andrew A. Wilson, and certainly has no right to appeal from a decree denying the claim.” It is clearly apparent that the motion to dismiss must be sustained. Under our statute, it is a condition precedent to the right of appeal that the appellant…

2Cited by6 opinions

  1. Mount Vernon Sav. Bank v. WardmanCourt of Appeals for the D.C. Circuit · 1949
  2. Hawley v. HawleyCourt of Appeals for the D.C. Circuit · 1940
  3. National Bank of Washington v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1953
  4. Louis Heilman v. Louis GinbergCourt of Appeals for the D.C. Circuit · 1960
  5. Spriggs v. StoneCourt of Appeals for the D.C. Circuit · 1949

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