Opinion
No. 27756
Decided November 15, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Wills — Probate of copy — Contest — Evidence — Admissibility of testator's statements as to intention to revoke — Appellate court considered testimony not submitted to jury in trial court — Section 16, Article I, Constitution — Articles V and XIV, Amendments to U.S. Constitution.
APPEAL from the Court of Appeals of Madison county.
Messrs. Crabbe Tootle, for appellee.
Mr. Ralph G. Martin and Mr. Robert E. Gibbs, for appellants.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.