Pallister v. Colle

I concur in the affirmance of the judgment on the merits if the district court had jurisdiction. I agree with what Mr. Chief Justice Dawson has ably said on the subject of the jurisdiction of the probate court. A few additional observations may be helpful.

The question presented is not whether an opponent of a will may appeal from an order admitting a will to probate. The question is when may he do so. First, it is elementary that a litigant may not invoke the jurisdiction of a court and abandon its jurisdiction before exhausting the relief that court can grant. This is doubly true where that…