In Re Estate of Frey

The jurisdiction of the Court of Appeals to review the order of the Probate Court admitting the lost, spoliated or destroyed will which was duly challenged is the question of primary importance in this case.

Is an order admitting any will to probate reviewable by the Court of Appeals? It must be conceded thát this question has been completely and conclusively settled by the decisions of this court unless those decisions have been rendered ineffective by the amendment of Section 10501-56, General Code, which came into force June 26, 1939.

The first case in which such issue was made and decided…