Xenos v. Vafes

The appellee and the appellant each made application to the probate court for the issue of letters of guardianship of the estate of Louis Armenis, a non compos mentis, and resident of Jefferson county, the petition of each alleging that the petitioner was a resident of Jefferson county.

On the hearing of the two applications the court made an order appointing the appellee. Thereafter, the appellant made motion for a new trial on the ground, among others, that the appellee was an alien. The motion was overruled, and exception was duly reserved.

The bill of exceptions recites that: “The testimony…