Clancy v. Cleveland Trust Co.

At the threshold of the consideration of this case, we are met with a question of procedure. Since the Court of Appeals struck the bill of exceptions from the files for the reason that it was not seasonably filed as required by Section 11564, General Code, could that court, in the absence of such bill embodying all the testimony before the Probate Court on the issue of a suitable year’s allowance to the widow, reverse the judgment of that court on the ground that the allowance was excessive?

Section 10509-77, General Code, provides:

“On petition of the widow, or other person interested, the…