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Hicks et al., executors, v. Wadsworth

Supreme Court of Georgia1937-09-14No. No. 11900
184 Ga. 681

Authorities cited

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Opinion

majority opinion

Hutcheson, Justice.

Under tlie facts of tlie instant case, the prayers of the petition, and the questions presented for review by the bill of exceptions and the record, a construction of the will, if involved at all, is only incidentally involved. The Court of Appeals and not the Supreme Court has jurisdiction of the writ of error. Code, § 2-3005; Reece v. McCrary, 179 Ga. 812 (177 S. E. 741). Transferred to the Court of Appeals.

All the Justices concur, except Beck, P. J., and Beil, J-, absent because of illness.

A. J. Gamp and G. B. McGarily, for plaintiffs in error.

William G. ilIcJlae, contra.