Legal Opinion

In Re McGannon's Estate

Supreme Court of Oklahoma

Decided June 22, 1915No. 4562Published

Error from District Court, Tulsa County; L, M. Poe, Judge. In re Estate of James G. McGannon, deceased. Exceptions filed by Peter McGannon to the account of an administratrix were overruled in the county court, and' on the exceptor’s appeal were overruled in part and sustained in part, and Alice S. McGannon brings error. This was an appeal from the county court of Tulsa county, from a judgment of that court overruling exceptions filed to the account of an administratrix.

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Error from District Court, Tulsa County; L, M. Poe, Judge. In re Estate of James G. McGannon, deceased. Exceptions filed by Peter McGannon to the account of an administratrix were overruled in the county court, and' on the exceptor’s appeal were overruled in part and sustained in part, and Alice S. McGannon brings error. This was an appeal from the county court of Tulsa county, from a judgment of that court overruling exceptions filed to the account of an administratrix. The exceptions were filed in the county court by Peter McGan-non, one of the heirs at law of the intestate, and are as.…

1Opinion of the Court

Op’nion by

DEVEREUX, C.

(after stating the facts as above). It will be noticed that the overruling of the motion for a new trial is not assigned as error, and the question arises in its absence, What is left -for us to pass on in this case? In considering this- question, it will be' borne .in , mind that on appeal -to the district court from the county court in probate proceedings, the trial is de novo, and is to be conducted in the same manner as if the case and proceedings had originated in the district court, and the district court has the same power to decide questions of fact that the…

2Cases cited17 opinions

  1. In re RoseCalifornia Supreme Court · 1889
  2. Estate of Moore v. MooreCalifornia Supreme Court · 1887
  3. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  4. In re Estate of LevinsonCalifornia Supreme Court · 1895
  5. Parker v. LewisSupreme Court of Oklahoma · 1915

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