In Re Estate of McKitterick

This is an appeal from a judgment of the Probate Court of Jackson County overruling certain exceptions to the inventory and appraisement of the estate of Samuel G. McKitterick, deceased.

The first question which requires our attention is a matter of procedure. The administratrix, appellee herein, claims that the notice of appeal was not filed within the time limited by Section 12223-7, General Code. The judgment of the Probate Court overruling said exceptions was entered on April 17, 1952, and on the same day a motion for a new trial was filed, which motion was overruled on April 28, 1952. The…