Touchton v. Stewart

Duckworth, Chief Justice.

This is an appeal case to the superior court from a ruling of the court of ordinary sustaining a plea to the jurisdiction of a petition to probate a will after a hearing and dismissal of the petition. The propounder executed a bond, adding the word, “Executor,” behind his name as an individual, which he thereafter amended to add “as Executor of the Last Will and Testament” of the named deceased testator. The case came on for a hearing and the superior court dismissed the appeal without hearing evidence, and this judgment is assigned as error. Held:

Without getting into…