2. When appeal allowed
4. Who may appeal
In probate proceedings, the Supreme Court's scope of review is limited to error appearing on the record. In re Estate of Massie, 218 Neb. 103, 353 N.W.2d 735 (1984).
Provisions relating to appeal in probate matters apply to actions involving appointment of guardians and administration of their wards' estates. In re Guardianship of Hergenrother, 141 Neb. 858, 5 N.W.2d 118 (1942); In re Guardianship of Warner, 137 Neb. 25, 288 N.W. 39 (1939).
This section is not applicable to appeals from decree of partition and distribution of estates; executors cannot appeal unless pecuniarily affected. Merrick v. Kennedy, 46 Neb. 264, 64 N.W. 989 (1895).
2. When appeal allowed
Party aggrieved by final order of county court in probate matter is not confined to remedy of appeal, but may resort to error proceedings. In re Berg's Estate, 139 Neb. 99, 296 N.W. 460 (1941).
Orders made during progress of probate proceedings allowing fees and partial distribution of estate are interlocutory and not final, and are not appealable. In re Estate of Lehman, 135 Neb. 592, 283 N.W. 199 (1939).
Party not prejudiced by judgment cannot appeal therefrom; order of county court requiring executor to retain sufficient funds to pay contingent claim when absolute is not appealable. In re Estate of Bolton, 121 Neb. 737, 238 N.W. 358 (1931).
Order of county court approving executor's account, not discharging executor, but continuing proceedings to future date for further report, is not final order and not appealable. In re Hansen's Estate, 117 Neb. 551, 221 N.W. 694 (1928).
Appeal may be had by one affected whose name does not appear as party. In re Strelow's Guardianship, 116 Neb. 873, 219 N.W. 387 (1928).
Order of distribution is appealable; proceeding being in rem, all persons interested are parties. In re Estate of Creighton, 91 Neb. 654, 136 N.W. 1001 (1912).
Appeal lies from judgment of probate court granting or refusing an allowance to widow out of estate of her husband. Rieger v. Schaible, 81 Neb. 33, 115 N.W. 560 (1908).
Appeal lies from all final orders and judgments in probate matters. Weeke v. Wortmann, 77 Neb. 407, 109 N.W. 503 (1906).
Order that administrator turn over to his successor money claimed by him as gift from testator is appealable. Foster v. Murphy, 76 Neb. 576, 107 N.W. 843 (1906).
Order removing special administrator and appointing another to serve instead is final order and appealable. In re Estate of Pope, 75 Neb. 550, 106 N.W. 659 (1906).
An order refusing permission to file claim after expiration of time allowed is appealable. Ribble v. Furmin, 71 Neb. 108, 98 N.W. 420 (1904).
Appeal lies from order allowing claim against estate though no answer was filed against claim, and order was made in absence of administrator. Herman v. Beck, 68 Neb. 566, 94 N.W. 512 (1903).
Order allowing claim is appealable. Estate of McKenna v. McCormick, 60 Neb. 595, 83 N.W. 844 (1900).
Appeal from probate of will may be made without consent of court and without notice. Bazzo v. Wallace, 16 Neb. 293, 20 N.W. 314 (1884).
When an executor appeals to protect his or her individual interest, a bond is required, the same as any litigant. In re Estate of McKillip, 284 Neb. 367, 820 N.W.2d 868 (2012).
Right of appeal is statutory. In re Estate of Bednar, 151 Neb. 242, 37 N.W.2d 195 (1949).
Where account is allowed in part and appeal taken and bond given solely for part disallowed, appeal did not bring up entire account for review. In re Estate of Wilson, 83 Neb. 252, 119 N.W. 522 (1909).
Where same person was administrator of one estate and guardian of two other estates, and appeal was taken from objections to reports, cases were properly consolidated on appeal. Etmund v. Etmund, 83 Neb. 151, 119 N.W. 239 (1909).
Taking second appeal does not of itself constitute abandonment of first one. Drexel v. Reed, 65 Neb. 231, 91 N.W. 254 (1902).
Administrator, appealing from allowance of claim, thereby waives irregularities before judgment and brings whole controversy before the court. Dredla v. Baache, 60 Neb. 655, 83 N.W. 916 (1900).
The supersedeas bond requirement contained in this section applies to will contests removed from county court and tried in the first instance in district court pursuant to section 30-2429.01. In re Estate of Sehi, 17
Neb. App. 697, 772 N.W.2d 103 (2009).
4. Who may appeal
An heir is a party affected by contest of will and may appeal. Clutter v. Merrick, 162 Neb. 825, 77 N.W.2d 572 (1956).
Where bequest was made in trust to executors which county court declared invalid, executors have right to appeal. In re Estate of Creighton, 91 Neb. 654, 136 N.W. 1001 (1912).
Heirs cannot appeal from judgments or orders to which they have consented. In re Estate of Whiton, 86 Neb. 367, 125 N.W. 606 (1910).
Heirs depending upon an incompetent person for support may appeal from order dismissing their petition for appointment of guardian of incompetent. Tierney v. Tierney, 81 Neb. 193, 115 N.W. 764 (1908).
Appeal may be taken by any person affected. Gannon v. Phelan, 64 Neb. 220, 89 N.W. 1028 (1902).
Administrator who makes general objection to claim in probate court, and on appeal answers charging that claim is fraudulent, raises no new issue. Graham v. Estate of Townsend, 62 Neb. 364, 87 N.W. 169 (1901).
An heir may be substituted for administrator, where administrator had wrongfully compromised claims, to set aside order and prosecute action to recover claim due estate. Tecumseh Nat. Bank v. McGee, 61 Neb. 709, 85 N.W. 949 (1901).
One not prejudiced cannot appeal from order discharging executor. Cowherd v. Kitchen, 57 Neb. 426, 77 N.W. 1107 (1899).
One sued by administrator cannot petition to vacate appointment, and not being affected, cannot appeal. Missouri P. Ry. Co. v. Jay, 53 Neb. 747, 74 N.W. 259 (1898).
One of several defendants, who have separate and distinct defenses, may appeal; if interests are inseparably connected, appeal brings up whole case. Polk v. Covell, 43 Neb. 884, 62 N.W. 240 (1895).