In re Estate of Williams

Motion to dismiss the appeal. The final account of the executor of the last will and testament of the above-named decedent was settled February 23, 1898, and after its settlement the superior court, upon the petition of the respondents herein, made an order distributing to them the estate remaining in the hands of the executor. From this order the executor has taken the present appeal. The respondents have moved to dismiss the appeal, upon the ground that the executor has not the right to appeal from the order, for the reason that he is not an “aggrieved” party. At the hearing upon, the motion it was conceded upon behalf of the executor and it also appears from the bill of exceptions which was taken by him to the granting of the order, that jurisdiction to hear the petition for distribution had been acquired by the superior court before making the *77 order appealed from. The ground upon which he claims the right to present the appeal is the insufficiency of the evidence before the court to authorize it to find that the petitioners are entitled to the estate.

The executor has no interest in the distribution of the estate further than to be protected, if he shall dispose of the…