In re the Estate of Soares

Augusta Nobriga Taylor, referred to herein as appellant, is proponent of the will of Carrie Soares, deceased, for probate; and Nolle R. Smith, Jr., referred to herein as appellee, is contestant of the will.

The probate court admitted the will to probate in an order filed on September 7, 1966. Appellee herein appealed from the order to the circuit court for jury trial of the issues of fact raised in the probate court. He filed the notice of appeal on September 16, but did not file his demand for jury trial until September 22. The jury found for appellee, and in accordance therewith, the circuit…