McAtee v. McAtee

Opinion op the Court by

Judge Thomas

Reversing.

Ben G-. McAtee, a citizen and resident of Bracken County, died testate in the early part of August, 1938, having executed his will on October 18, 1934, approximately four years prior to his death. He left surviving him his widow, two sons, some daughters and grandchildren of deceased daughters.

On August 8, 1938, the will was probated in the county court at an ex parte hearing. The appellees, some surviving heirs of testator, prosecuted an appeal to the Bracken circuit court from the order .of probate entered in the county court, upon the alleged…