Spriggs v. Stone

D.C. Circuit

Spriggs v. Stone

174 F.2d 671, 85 U.S. App. D.C. 95, 1949 U.S. App. LEXIS 2270

CourtCourt of Appeals for the D.C. Circuit

DecidedMay 23, 1949

DocketNo. 9927

StatusPublished

Cited by5 cases

This text of 174 F.2d 671 (Spriggs v. Stone) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spriggs v. Stone, 174 F.2d 671, 85 U.S. App. D.C. 95, 1949 U.S. App. LEXIS 2270 (D.C. Cir. 1949).

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Opinion

PER CURIAM.

The District Court sitting as a probate court entered an order construing a will. Although devisees adversely affected by the order were parties, they did not appeal. Devisees favorably affected by the order have moved to dismiss an appeal taken by the executor.

“Any party aggrieved by any final order * * * may appeal * * D. C.Code 1940 § 17 — 101. As a general rule an, executor is not aggrieved and therefore cannot appeal unless either the estate as a whole is affected, or else his individual interests are affected as by an order refusing probate or removing the executor or disallowing an expenditure he has made. He cannot appeal for the protection of the interests of particular devisees or legatees who are able to protect themselves by taking an appeal of their own. Cf. Barksdale v. Morgan, 34 App.D.C. 549. Webb v. Lohnes, 68 App.D.C. 310, 96 F.2d 582, is not to the contrary.

Appeal dismissed.

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PER CURIAM.

The District Court sitting as a probate court entered an order construing a will. Although devisees adversely affected by the order were parties, they did not appeal. Devisees favorably affected by the order have moved to dismiss an appeal taken by the executor.

“Any party aggrieved by any final order * * * may appeal * * D. C.Code 1940 § 17 — 101. As a general rule an, executor is not aggrieved and therefore cannot appeal unless either the estate as a whole is affected, or else his individual interests are affected as by an order refusing probate or removing the executor or disallowing an expenditure he has made. He cannot appeal for the protection of the interests of particular devisees or legatees who are able to protect themselves by taking an appeal of their own. Cf. Barksdale v. Morgan, 34 App.D.C. 549. Webb v. Lohnes, 68 App.D.C. 310, 96 F.2d 582, is not to the contrary.

Appeal dismissed.

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Bluebook (online)

174 F.2d 671, 85 U.S. App. D.C. 95, 1949 U.S. App. LEXIS 2270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spriggs-v-stone-cadc-1949.

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