Watts v. Aikin

By the Court, Barculo, Justice.

—The question is presented by this case whether an appeal from the surrogate’s order, admitting a will to probate can be heard, in the first instance, at the general term.

Under the Revised Statutes such appeals were made to and heard by a circuit judge. By the 16th section of Judiciary Act of 1847, it is declared that the Justices of the Supreme Court shall possess the powers and exercise the jurisdiction now possessed and exercised by the justices of the present Supreme Court, chancellor, vice-chancellors, and circuit judges,” &c. This section transfers the…