Frock v. Fowlie

OPINION

TACKETT, Justice.

This court granted an alternative writ of mandamus directed to respondent, the Honorable Gerald D. Fowlie, Judge of the Second Judicial District in and for the County of Bernalillo, requiring him to assume jurisdiction of petitioners’ appeal from probate proceedings in cause No. 3469 Probate, District Court of Bernalillo County, to the District Court of Bernalillo County in cause No. A-39665.

The issue involved in the case before us is whether or not statutory appeal provisions from the approval or disapproval of wills, §§ 30-2-16 and 16-4-18, N.M.S.A., 1953 Comp.,…