Johnson v. Tyson
Johnson v. Tyson
Opinion of the Court
It is clearly shown by the record that the executor had appeared from time to time in the proceedings had upon the petition of the widow to set apart certain property as a homestead for her. Notwithstanding such, his general' ap
The appeal is dismissed. Remittitur to issue forthwith.
Reference
- Full Case Name
- In the Matter of the Estate of C. A. JOHNSON, Deceased: ELLEN M. JOHNSON v. J. W. TYSON
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Appearance in Probate Court.—The voluntary appearance in the Pro-hate Court of an executor, in proceedings relating to the estate, is a waiver of the issuance and service of a citation on him. Order op Probate Court not Appealable. — An appeal does not lie from an order of the Probate Court setting aside its own proceedings, had before a final order, upon application of the surviving wife to have the homestead set aside to her.