Ex Parte Kelly

The petition and answer present for decision three important questions. (1) Is the act purporting to confer “general jurisdiction” concurrent with that of the circuit courts in equity of this state in the -administration of estates of deceased persons, minors and insane persons, including testamentary trusts, unconstitutional? Acts 1939, p. 1000, now codified as Article 18, Subdivision 3A, § 181(1) et seq., T. 62, Alabama Code of 1940. (2) If constitutional, can the probate court exercise its equity jurisdiction in the administration of the estates of deceased persons in advance of the…