Miera v. Akers

Citations

• 25 N.M. 508
• 184 P. 817

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. When an instrument purporting to be a will has been declared invalid by the probate court, the district court has jurisdiction to hear and determine its validity after the record of the probate court has been regularly transmitted to it.</p> <p>P. 511</p> <p>2. The action of the probate court in probating a will may be reviewed under sections 1439 and 5881, Code 1915, either by contest in the probate court or by appeal to the district court. P. 511</p> <p>3. Section 1438, Code 1915, construed, and held that the record on appeal from the probate to district court is sufficient if properly certified, and the record of the proceedings at the trial in the probate court need not be made a part of the record by bill of exceptions.’ P. 512</p> <p>4. Section 1439, Code 1915, construed, and held that there are no formal parties to a cause in the probate court wherein a will is offered for probate, and that the word “party” in the statute means “person” aggrieved. Held, further, that the widow of the deceased is an aggrieved party within the meaning of the statute. P. 512</p> <p>5. Upon appeal from the probate court to the district court from an order or judgment admitting or denying the probate of a will, the cause is tried “de novo.” P. 513</p> <p>6. The action of the trial court in ordering the removal of appellants as executors held immaterial under the circumstances. P. .513</p> <p>Y. The appointment of an administrator with the will annexed is void, when the persons named in the will, competent to act, are appointed and accept the trust. -P. 513</p>