Case of Happy's will & testament

OPINION of the Court, by

Judge Owsley.

This writ of error is brought to reverse a judgment of the county court of Fayette, in refusing to admit to record a writing purporting to be the last will and testament of James Happy, deceased.

Since the decision of the County Court, the original writing is proved to have been either lost or mislaid, so that it cannot now be produced ; and it is objected that probate cannot be granted by the county court on a copy, but that the only appropriate remedy is by bill in equity.

We are unable to perceive any force in this objection. The case of a lost will is no…