APPEAL AND ERROR - THE ADMINISTRATOR AS A PARTY AGGRIEVED BY PROBATE OF WILL

Uhl, John H.

Journal: Michigan Law Review

Volume: 37

First Page: 794

Year: 1939

Bluebook Citation: 37 MICH. L. REV. 794 (1939)

Author: John H. Uhl: all 7 publications


Abstract

In an action to prove the existence of a lost will executed by the deceased, judgment was rendered setting up the lost will and revoking the letters of administration which had been issued. The administrator appealed from this order, and the appellee moved to dismiss the appeal on the ground that the administrator had no such interest as entitled him to review. The governing statute permitted appeal by "any party aggrieved by any final order, judgment, or decree." Held, that the administrator who has qualified as such was entitled to appeal under the statute, as the party aggrieved by the probate of the will. Webb v. Lohnes, (App. D. C. 1938) 96 F. (2d) 582.

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