58 Kan. 499 | Kan. | 1897
The Probate Court of Cloud County appointed Theodore Martin executor of the estate of-Lucy Bennett, deceased. Several months prior to'her
The position taken by the Court of Appeals is contrary to the decisions of this court, and cannot be sustained. Martin v. Railway Co., ante, p. 475. The question remains, however, whether the Railway Company may be heard to challenge the validity of the appointment of the executor, and whether it was entitled to an appeal from the ruling of the Probate Court refusing to revoke the appointment. The testamentary letters and the order making the appointment are prima facie evidence of all facts necessary to the validity of such appointment. If there was no estate
It does’not follow from the fact that the Company may suggest the invalidity of the letters that it has an appealable interest. The general rule is, that an appeal can only be taken by a party to a controversy, or by one who has a direct interest in it. A stranger to the record or a mere volunteer may not appeal, unless expressly authorized by statute. So it has been held that an amicus curise cannot appeal from a decision of a court, although it may have allowed him to introduce evidence for his own benefit. 2 Encyc. of Pld. & Pr. 159, and cases cited. The Company is not one of those named in the act respecting executors and administrators as being entitled to control the administration of the estate. It is not a creditor, and has no claim upon nor interest in the estate. The only interest it has is based upon an anticipated claim which it has been informed the estate will make against the Company. It cannot be said to be a party aggrieved, and we think it has no appealable interest. Nor does an appeal appear to be necessary for the protection of the rights of the Company. When an action is brought against the Company, it will have a right to put in issue the appointment and authority of the executor, and, if it is shown that the-Probate Court was without jurisdiction and the ap
■ We think the District Court reached a correct conclusion; and its judgment dismissing the appeal will be affirmed.