Opinion
No. 33288
Decided December 17, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Wills — Spoliated or ordinary — Portion of testatrix' signature torn off — Testatrix' initials crossed off on each page — Revocation — Intent — Method — Evidence — Presumption — Probate Court refused probate of will profferred as spoliated will — Appeal to Court of Appeals — Cause remanded with instructions to probate as ordinary will — Jurisdiction of Court of Appeals — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Ray T. Miller, Mr. Kenneth G. Weinberg and Mr. John W. Winn, for appellee.
Mr. Horace Andrews and Mr. Louis E. Dolan, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.