Ex Parte Petty

GARDNER, Chief Justice.

Petitioner, Margaret Petty, is the widow of Wiley B. Petty, who departed this life in Jefferson County, Alabama, on October 31, 1946, leaving a last will and testament, which was duly filed for probate in the Probate Court of Jefferson County by this petitioner. "

The deceased left three grandchildren who are non-residents of the State and for whom a guardian ad litem was appointed, pursuant to the provision of Title 61, § 49, Code 1940. This guardian ad litem proceeded in the Probate Court (Title 61, § 52, Code 1940) to institute a contest of the will upon the ground of…