Pettingill v. Pettingill
Supreme Judicial Court of Maine
On report. Appeal from the decree of the judge of probate for the county of Kennebec, in allowing the account of Howard Pettingill, executor of the last will and testament of Howard Pettingill, deceased March 28, 1840. So much of the will of the testator as is essential appears in the opinion.
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On report. Appeal from the decree of the judge of probate for the county of Kennebec, in allowing the account of Howard Pettingill, executor of the last will and testament of Howard Pettingill, deceased March 28, 1840. So much of the will of the testator as is essential appears in the opinion. The will was proved at a court of probate held May 4, 1840, when the respondent was duly appointed executor thereof and filed a bond which was approved by the judge of probate, the condition of which was as follows: ‘ The condition of the above obligation is such, that if the above bounden Howard…
1Opinion of the CourtBarrows, J.
The case on the part of the appellant, as reported, is deficient for want of any agreement or evidence showing the appellant to be so interested in the settlement of the executor’s account, as to be entitled to an appeal. In the hearing of a probate appeal, the first duty of the appellant is to establish his right to appeal. Ordinarily, unless this is made affirmatively to appear, the appeal will be dismissed without further examination.
In the present case, however, one or two questions of some importance have been raised and commented upon by counsel, apparently with the understanding that…
2Cases cited1 opinion
- Rix v. Heirs of SmithSupreme Court of Vermont · 1836
3Cited by11 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- In Re Will of EdwardsSupreme Judicial Court of Maine · 1965
- Estate of CarpenterCalifornia Supreme Court · 1905
- Judson v. BennettSupreme Court of Missouri · 1911
- Estate of TessierSupreme Judicial Court of Maine · 1983
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