Gardner v. Frantz

The appellants filed in the circuit court their petition for the probate of a “lost” codicil to the will of Ida Jones. The will to which the proposed instrument was alleged to be a codicil had been admitted to probate in the county court. No suggestion was made in the petition that the county court could not grant as complete and adequate relief as could the circuit court. The defendants demurred to the complaint on the grounds that the circuit court did not have jurisdiction; and that the petition did not- state facts sufficient to constitute a cause of action. The .circuit, court sustained…