In re Dahlgren
In re Dahlgren
Opinion of the Court
delivered the opinion of the Court:
It is contended on the part of the petitioner herein that should said issue of intestacy, as framed, be allowed to be tried, “the effect thereof would be to render inoperative the entire law relating to the probate of wills in the District of Columbia, and those provisions of law providing for a caveat of the same, and the framing of issues upon such caveats;” that inasmuch as the Code prescribes the proceedings to follow the filing of a will for probate, the court was without jurisdiction to frame said issue.
It is contended by counsel for the respondent, Helen M. B. Sacher, that the court has full power and authority, notwithstanding the filing of a petition for the probate of a will, to hear and determine, through a trial by jury, the question whether a decedent died intestate.
Jurisdiction to hear and determine all questions relating to the execution and to the validity of any and all wills presented for probate is, by sec. 117 of the Code [31 Stat. at L. 1208, chap. 854] expressly conferred upon the supreme court of the District of Columbia, holding probate court. Sec. 273 of the Code [31 Stat. at L. 1234, chap. 854] expressly authorizes the same court to grant letters of administration upon satisfactory
In the present case an application for a special appeal might have been made to this court, and, if granted, would have afforded the petitioner herein adequate relief. The fact that such appeal was not sought furnishes no ground for the issuance of a writ of prohibition, but, on the contrary, the fact that such
It appearing that the supreme court of the District, holding probate court, had general jurisdiction over the subject-matter of the controversy, and that, if error is committed, it may be' corrected on appeal, the writ of prohibition is denied. The costs of this proceeding will be adjudged against Caroline Colton Dahlgren, the petitioner herein.
Writ of prohibition denied.
Reference
- Full Case Name
- IN RE DAHLGREN
- Status
- Published
- Syllabus
- Wbit of Prohibition; Judgments; Appeals; Administbation of Decedents’ Estates. 1. Where a remedy by appeal is open and available, the writ of prohibition will not issue, since the writ cannot be made to serve the purpose of a writ of error or certiorari. 2. The fact that a judgment is void will not prevent its reversal on appeal. 3. The fact that a special appeal from an order of the lower court might have been, but was not, applied for, affords ground for the refusal of a writ of prohibition to restrain proceedings under such order. 4. Where the lower court, notwithstanding the pendency of a petition for the probate of a will, makes a summary order framing an issue for trial by jury to determine whether the decedent died intestate, this court will not grant a writ of prohibition to stop proceedings under the order, as that court has general jurisdiction to determine all questions relating to the execution and validity of wills presented to it for probate, and to grant letters of administration in cases of intestacy, and even though the order is void, the parties complaining of it have their remedy by appeal.