Rybolt v. Futrell

Opinion oe the Court by

Judge Ratliee

— Reversing.

G. W. Robertson died testate November, 1937, a citizen and resident of Calloway County, Kentucky. The will was lodged for probate by appellees in the office of the Clerk of the Calloway County Court in December, 1937, and ordered by the court to lie over for proof. At the January, 1938, term of the county court it was ordered that “the case be left open.” At the March term of the court the. following order was entered:

“This case having been left open for proof and no proof having been submitted it is ordered that same be continued.”

At the April…