68 Vt. 534 | Vt. | 1896
January 5, 1895, the probate court for the district of Franklin adjudged a certain instrument in writing, presented to it for probate, to be the last will and testament of J. M. Haynes late of St. Albans in that district, deceased. From this decree an appeal was taken by parties in interest, other than the appellants, to the Franklin county court, and duly entered therein at its April term, A. D. 1895. At that term, such proceedings were had, that the county court adjudged the instrument to be the last will and testament of Haynes, and certified its judgment to the probate
It is now contended that the probate court had no jurisdiction to vacate or modify the judgment of the county court establishing the will. If this contention is correct, the appeal was properly dismissed by the county court.
V. S., s. 2582, provides that the county court shall have appellate jurisdiction of matters originally within the jurisdiction of the probate court. On appeal from the probate court to the county court, the latter acts as a higher probate court, with powers fully commensurate with those of the probate court. The county court is, in other words,- an appellate probate court for the rehearing and re-examination of all subjects which have been acted upon by the - probate court below. Adams v. Adams, 21 Vt. 162; Boydon v. Ward, 38 Vt. 628; Holmes v. Holmes, 26 Vt. 536. Sits judgments in probate matters, not reversed by the supreme court on exceptions, are final, and the action of the probate court must be in conformity to its decisions. Green v. Clark, 24 Vt. 136; Atherton v. Fullan, 55 Vt. 388, V. S., s. 2599.
Atherton v. Fullam, supra, is cited, by the appellants in support of their contention that the vital force of the judgment of the county court is in its certificate to the probate
It would be a strange anomaly, if an inferior court could reverse or modify the final judgment or decree of the higher, appellate court. Such is not the law in this state. The probate court had no jurisdiction to vacate or modify the judgment of the county court.
This holding renders it unnecessary to consider the other questions attempted to be raised in argument.
Judgment affirmed and to be certified to the probate court for the district of Franklin.