In Re Woods Estate

* Headnotes 1. Appeal and Error, 3 C.J., Section 406; 2. Appeal and Error, 3 C.J., Section 411; Courts, 15 C.J., Section 443. This is an appeal from an order of the circuit court dismissing an appeal taken by the appellants from an order of the probate court of Morgan county refusing to extend the time for final settlement of the estate of Dr. Peter George Woods, deceased. The petition of the executors, the appellants herein, asking for a continuance from the February term, 1923, to the May term, 1923, of the probate court is in part as follows:

"That said estate is not ready nor in condition…