105 Ga. 256 | Ga. | 1898
W. D. Varner presented to the court of or- • dinary of DeKalb county a petition alleging tbat Ezekiel Tteeves, of tbat county, had died testate’ and that his will had. "been lost or destroyed. The prayer of the petition was, that a ■ copy of the alleged will thereto attached be established and admitted to probate in solemn form in li'eu of the lost original. Certain of the heirs at law of the deceased eaveated this application on divers grounds. The court of ordinary refused to admit the paper to probate, and the case was appealed to' the su-perior court. On the trial there, the judge, at the conclusion of •the evidence introduced by the petitioner, passed an order dismissing the appeal and sustaining the judgment of the court of -ordinary. To this and to certain rulings made during the progress of the trial the petitioner excepted. While the bill of exceptions was pending in this court, Varner died. When the case was reached in its order here, counsel for the deceased plaintiff in error moved that Janie C. Scott and Sarah Murphey, who were'named in the alleged will as legatees and devisees, be made parties to the case, as plaintiffs’in error, in Varner’s stead. TJpon objection by counsel for the defendants in error, the court reserved the question as to making parties and permitted coun- ■ sel to argue the case upon its merits; and they thereupon submitted briefs.
Judgment reversed.