84 Vt. 89 | Vt. | 1911
This case is here on the appeal of Hiram L.
The petition for the appeal shows the appellant’s relation, to the estate to be that of an executor, simply. This relation neither gives him any legal right, nor places him under any-legal liability, which may be enlarged or diminished by the decree-of distribution. It follows that he has no such interest as is necessary by statute to the right of appeal (P. S. 2973), and the-motion to dismiss should have been granted. Hemenway v. Corey, 16 Vt. 225; In re Clark’s Estate, 79 Vt. 62, 64 Atl. 331, 118 Am. St. Rep. 938.
Decree overruling the motion to dismiss the appeal reversed,. and the appeal dismissed with costs to the appellees. To be certified to the probate court.