In Re Williams' Estate

Supreme Court of Oklahoma

In Re Williams' Estate

1938 OK 479, 83 P.2d 157, 183 Okla. 461, 1938 Okla. LEXIS 310

CourtSupreme Court of Oklahoma

DecidedOctober 4, 1938

DocketNo. 28498.

StatusPublished

Cited by2 cases

This text of 1938 OK 479 (In Re Williams' Estate) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Williams' Estate, 1938 OK 479, 83 P.2d 157, 183 Okla. 461, 1938 Okla. LEXIS 310 (Okla. 1938).

Pincite

Opinion

On the 19th day of July, 1937, the court entered judgment overruling the exceptions to the final account in the probate proceedings involved.

A motion to dismiss has been filed alleging that no proper appeal has been perfected for the reason that the plaintiff in error attempts to appeal from the order overruling the motion for new trial instead of the order overruling the exceptions to the final account, which raised only questions of law, citing In re Guardianship of Butler, 130 Okla. 241, 266 P. 1106. A response was called for by this court and none was filed. The record reasonably sustains the allegations of such motion. In French v. Bragg, 177 Okla. 43, 55 P.2d 953, we hold that it is not the duty of this court to search for some reason to sustain the appeal under such circumstances.

The appeal is dismissed.

OSBORN, C. J., and RILEY, PHELPS, GIBSON, and DAVISON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

On the 19th day of July, 1937, the court entered judgment overruling the exceptions to the final account in the probate proceedings involved.

A motion to dismiss has been filed alleging that no proper appeal has been perfected for the reason that the plaintiff in error attempts to appeal from the order overruling the motion for new trial instead of the order overruling the exceptions to the final account, which raised only questions of law, citing In re Guardianship of Butler, 130 Okla. 241, 266 P. 1106. A response was called for by this court and none was filed. The record reasonably sustains the allegations of such motion. In French v. Bragg, 177 Okla. 43, 55 P.2d 953, we hold that it is not the duty of this court to search for some reason to sustain the appeal under such circumstances.

The appeal is dismissed.

OSBORN, C. J., and RILEY, PHELPS, GIBSON, and DAVISON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1938 OK 479, 83 P.2d 157, 183 Okla. 461, 1938 Okla. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-williams-estate-okla-1938.

Opinion

Related

Cite This Page — Counsel Stack