Fultz v. McKnight

The opinion of the Court was delivered by

Mr. Justice Marion.

On February 6, 1922, respondents here served notice of intention to appeal to the Circuit Court from a decree of the Probate Court of Berkeley County admitting a will to probate in due form of law. No “certified copy of the record of the proceedings appealed from and of the grounds of the appeal filed in the Probate Court,” together with “proper evidence” of notice of appeal “given the adverse party according to law,” was filed in the Circuit Court, as required by section 64, Code Civ. Proc. 1912, prior to the “stated session next…