Maxey v. Logan

Citations

• 64 Okla. 70
• 166 P. 131

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Willsi — Probate—Appeal—Parties.</p> <p>When the executor renounces his right to appointment, and a devisee petitions to have a will proved, which is unsuccessfully contested by the heirs of the testator, but upon appeal by them to the district court and trial de novo probate of the will is refused, the contestants and proponent are the parties to the proceedings in the lower court, and are the only necessary parties to proceedings in error in this court to review the judgment of the district court.</p> <p>2. Appeal and Error — Right to New Trial— Death of Judge Before Settlement of Case-Made.</p> <p>When the regular judge of a court had certified his disqualifications to preside at the trial of a pending cause, and the parties agreed upon a special judge, who presided and rendered final judgment, and where such special judge died within the time allowed for settling and signing the case-made, the regular judge being disqualified to settle and sign same, and there being no provision of law for selecting a successor to the special judge, the losing party is without fault on his part thereby deprived of his right to present a complete appeal to this court, and is for that reason entitled to a new trial.</p>