Cone v. Johnston

Wyatt, Justice.

1. “The court of ordinary has original and exclusive jurisdiction over the probate of wills, and the issue to be decided on an application for probate is devisavit vel non, and does not include any issue as to the validity of the testator’s title. Civil Code, §§ 3853, 3856; Wetter v. Habersham, 60 Ga. 193. The statute provides for an appeal to the superior court from the judgment of the court of ordinary admitting or refusing the probate of a paper as a will; and when such an appeal is taken to the superior court, that court becomes quoad hoc a probate court. Barksdale v.…