Shaller v. Garrett

Under a petition filed by Mary Ll Shaller in the probate court of Shelby county to set aside the probate therein in common form of an instrument claimed to be the Inst will and testament ofa Mrs, .Cloth4 and to have *667that instrument certified to the circuit court of the county for contest upon an issue of devisavit vel. non, the probate court, on a defense, set up¡ by the proponent, of an estoppel of the petitioner by reason of an agreement entered into 1 her in that court, adjudged that her petition be dismissed. Appeal by her was prayed to the court of civil appeals, which held that it had…