In re Estate of McGinn

Citations

• 3 Coffey 127

Syllabus

<p>Revocation of Probate—Appeal and Undertaking Thereon.—A decree revoking the probate of a will and awarding costs to the contestants is not “a judgment or order directing the payment of money,” and on appeal therefrom no undertaking in double the amount of the costs is required to stay execution of the judgment.</p> <p>Undertaking on Appeal.—An Undertaking in Double the Amount of Costs, taxed in a case where no undertaking is required to stay execution, is without validity either as a statutory or common-law bond, and cannot be enforced against the sureties.</p>