Sumi

Sumi v. Young

Good Law
5 Alaska Fed. 834·83 F.2d 752·1936 U.S. App. LEXIS 2634
United States Court of Appeals for the Ninth CircuitMay 8, 1936No. 7992California768 words

Opinion

Lead Opinion

Mathews, J.

Appellee filed with the United States Commissioner 1 for Fairbanks precinct, territory of Alaska, a verified petition showing that, by the last will of Mayme Helen Young, deceased, appellee had been appointed as testamentary guardian of her two minor children, and praying for confirmation of his appointment and for letters of guardianship. Appellant, the grandmother of the minors, filed a protest, opposing confirmation of appellee’s appointment and praying that she herself be appointed as guardian. The commissioner, after hearing the matter, overruled appellant’s protest, and ordered that appellee’s appointment be confirmed and that letters of guardianship be issued to him upon his giving bond in the sum of $3,000. On appeal to the District Court, 2 the commissioner’s order was affirmed. From the judgment affirming that order, an appeal has been taken to this court.

Appellee has moved to dismiss the appeal, on the ground that this court has no jurisdiction thereof. Section 128 of the Judicial Code, as amended by section 1 of the Act of February 13, 1925, c. 229, 43 Stat. 936 , 28 U.S.C.A. § 225 , provides that this court shall have appellate jurisdiction to review final decisions…

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