Key v. Fields

Opinion by

Judge Lewis :

Before an instrument can take effect or be received in evidence as the will of a deceased person it must be duly 'proved and admitted to record in the proper office, and unless this is done his estate will descend and be distributed in the mode provided by statute. There is no evidence in the case showing, or from which we are authorized to infer, that either of the two papers purporting to be the will and codicil of Louisa Burns, deceased, was probated in the county court.

The certificate of the clerk of the county court is to the effect that the instrument purporting…