State Ex Rel. Ellis v. McCabe

The action in the Court of Pro bate was one in wbicb the petitioner sought the construction of a will. No record was taken at the hearing. After the appeal had been perfected from the Court of Probate to the Court of Common Pleas under the provisions of Section 10501-56, General Code, the latter court was asked to dismiss the appeal upon the ground that these provisions authorizing such an appeal are unconstitutional and that therefore that court is without jurisdiction to entertain the appeal. The Court of Common Pleas overruled the motion to dismiss the appeal. Thereupon the instant new…