Thomasson v. Barber

Atkinson, Presiding Justice.

After a will had been probated in solemn form, objections were filed to the qualification of the nominated executors, on the grounds of alleged misconduct. The objections were overruled by the ordinary, and on appeal to the superior court his judgment was reversed. The executors made a motion for a new trial, which was overruled, and they excepted. Held, that the judgment refusing a new trial does not involve the validity or construction of a will. Neither does it involve any other question such as, under the constitution of this State, defining the jurisdiction of…