Gudgell v. McClure

Opinion of the Court by

Judge Williams:

June 9, 1868, the Bath,county court admitted to record a paper as the last will and testament of Allen Gudgell, from which no appeal was prosecuted to the circuit court, and as none of the parties are non-residents nor infants it cannot be assailed by petition in chancery, as was decided by this court in Cleveland, Admr., vs. Lyne et al, 5 Bush, 383, because none are within such privilege according to our statutes.

*519So far then as said paper is legatory, the county court probate is conclusive.

The testator appointed McClure and wife

“A committee to take…