Street v. Crosthwait

On Rehearing

In this case the order of this court is that •“the order or decree appealed from is hereby affirmed.” The decree of the Circuit Court appealed from is that the order of the “Judge of the Probate Court * * * be and the same is hereby reversed, and the cause remanded back to the lower court for the purpose of taking testimony and proof appropriate with the issues made by the pleadings in said cause.”

The issues in the Probate Court were allegations that the required notice of caveator or counsel of the probate of a will was not given, with denial of the allegations and averments that…