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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.