Franklin v. Bogue

THOMAS, Justice:

The question for decision arose in an effort to probate a will which was denied in the probate court and appealed to the circuit court and hence to this court.

The right of such appeal is provided for in Code 1940, Tit. 7, § 776. The appellate jurisdiction of the circuit court on appeal from the probate court is revisory. It can only affirm or reverse the decree rendered in the probate court. In such proceedings it has no jurisdiction to probate a will. Wachter v. Davis et al., 215 Ala. 659, 111 So. 917; Kaplan v. Coleman, 180 Ala. 267, 60 So. 885; Denson v. Crossley, 241 Ala.…