Tucker v. Tucker

(dissenting) :

While counsel apparently concedes that the Probate Court has jurisdiction of a proceeding to remove an executor, no authority for such is cited. Assuming, without deciding, thát the Probate Court does have such jurisdiction the Circuit Court, in my opinion, quite correctly decided that the Probate Court did not have exclusive jurisdiction as contended by appellant.

*179Under Article V, section 7 of the Constitutor the Circuit Court has original jurisdiction in all civil cases except those in which exclusive jurisdiction shall be given to inferior courts. The jurisdiction of the…