In re the Estate of Akahi

Opinion of the Court, by

Judge Cooper.

The petitioner, L. Keawehaku, filed his petition in the Circuit Court, praying that the order admitting the will of decedent to probate be revoked. The case was heard on its merits, and the Judge at chambers refused to revoke the order and dismissed the petition. The petitioner thereupon noted an appeal to the Circuit Court at term, which was met by a motion on the part of the respondents asking that the case be stricken from the calendar, on the ground that there was no provision of law whereby the case could be tried by a jury. The Circuit Court granted…