Jester v. Jester

Complainant, appellant here, filed his bill in the circuit court in equity, to contest the will of E. E. Jester, which had been admitted to probate in common form in the probate court of St. Clair county. The complainant, at the time of filing his bill, mad© due and proper demand for a trial of the issue devisavit vel non by jury, and, under our uniform rulings, the court was without discretion in -granting the jury trial, it was a matter of right. Mathews v. Forniss, 91 Ala. 157, 8 So. 661, 664; Kennedy v. Kennedy, 2 Ala. 571; Johnson v. Hainesworth, 6 Ala. 443; Ex parte Colvert, 188 Ala.…