Brooks v. Brooks

MERRILL, Justice.

The question presented is whether an appeal will lie from a decree overruling a demurrer to a petition, seeking the removal of the administratrix of an estate, after the administration had been removed to the circuit court.

Appellant was appointed administratrix of her deceased husband’s estate. The estate was later removed from probate court to circuit court.

On December 9, 1960, the appellees petitioned the circuit court for the removal of appellant as administratrix of the estate, alleging those grounds required by the statute, Tit. 61, § 178, Code 1940. The petition was…