Souter v. Carnes

Nichols, Justice.

Mrs. Michel K. Souter filed a petition to set aside the probate of Floyd Clark Logan’s will, upon the ground that she, as an heir at law, was not given notice of such probate proceedings. The court of ordinary dismissed her petition and an appeal was filed to the superior court where the administrator’s motion for summary judgment was granted, and it is from this judgment that the present appeal is filed. The refusal to grant the petitioner’s motion for summary judgment is enumerated as error as well as the judgment granting the administrator’s motion for summary judgment.

1.…