Dinsmoor v. Collinsworth

The opinion of the court was delivered by

Thiele, J.;

This appeal arises from a proceeding originally commenced in the probate court to recover moneys paid to the county treasurer under G. S. 1943 Supp. 59-1508.

*77One S. P. Dinsmoor, a resident of Russell county, died testate in 1932. Thereafter his will was admitted to probate and his estate was administered in the probate court of that county. The present controversy arose from the following: On November 1,1941, Robert Dinsmoor filed his petition in the above estate proceeding, alleging, in substance, that under his will S. P. Dinsmoor…