Jones v. Seaton

OPINION

CARMODY, Justice.

The district court, in ruling on an application in certiorari, held void an order of the Probate Court of Union County. The case is before us on writ of error.

Although the primary issue concerns the construction which should be given to a paragraph of a will designating an executrix, we do not reach the question because of the error of the district court in reviewing by certiorari the determination of the probate court.

To bring the case into proper perspective, we note the following: George W. Jones executed a will in 1956 which contained the following paragraph:

“I…