Rogers v. Thomas

After probate, in the County Court of Fayette, of a paper purporting to be the last will of Joseph Rogers, deceased, some of his heirs filed a bill in Chancery, in the Circuit Court of that county, for contesting the testamentary validity of the document thus admitted to record in the County Court.

The Circuit Court of Fayette ordered an issue, devisavit vel non, and afterwards, on a change of venue to Woodford, the judge of that Circuit, upon the filing of an amended bill admitting the formal publication but all eg*391ing incapacity and extraneous influence, made an order, ex officio, for a jury…