Loosemore v. Smith

This is a petition in equity to set aside the will of one-Thomas Smith, deceased, which will was admitted to probate in the county court of Otoe county, on the 31st day of December, 1879. The question to be determined is, is the probate of a will conclusive in the absence of a statute-authorizing the filing of a petition in equity to set it aside ? In other words, in the absence of a statute conferring authority, has the district court original jurisdiction in such ease ?

*344Section 143 of- chapter 23, Comp. Statutes, entitled Decedents, provides that: “ No will shall be effectual to pass either…