
    Cowan, Appellant, vs. Beans and another, Respondents.
    
      December 10, 1913
    
    January 13, 1914.
    
    
      Appeal from county court: "Person aggrieved.:" Proponent of will.
    
    1. The proponent of a will, who is named as executor therein, is a “person aggrieved” hy a judgment of the county court refusing prohate to the will, and hence, under sec. 4031, Stats., may appeal from such judgment.
    2. Such a person, if he in good faith believes that the will has been wrongfully denied probate by the county court, should appeal from the decision.
    Appeal from an order of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge.
    
      Reversed.
    
    
      For tbe appellant there was a brief by Garter & Pedrichj and oral argument by 8. M. Pedrich.
    
    For tbe respondents tbe cause was submitted on tbe brief of John W. Hume and Silas Bullard.
    
   Winslow, O. J.

In this case .it is beld that tbe proponent of a will, wbo is named as executor therein, is a “person aggrieved” by a judgment of tbe county court refusing probate to tbe will, and hence may appeal from sucb judgment under tbe provisions of sec. 4031, Stats. 1911.

Sucb a person is tbe representative of tbe testator and is charged with tbe duty of seeing that tbe will is probated and its provisions carried into effect. Public policy also requires that' a legally executed will be probated, and tbe person named as executor has a public as well as a private duty to perform. If be in good faith believes that tbe will has been wrongfully denied probate by tbe county court, be should appeal from tbe decision. Burmeister v. Gust, 117 Minn. 247, 135 N. W. 980; Cheever v. Washtenaw Circuit Judge, 45 Mich. 6, 7 N. W. 186; Will of Dardis, 135 Wis. 457, 115 N. W. 332.

By the Gourt. — Order reversed, and action remanded for further proceedings according to law.  