Cummins v. Cummins

Citations

• 15 Del. 423

Syllabus

<p>Jurisdiction. Probate of Wills.—The Superior Court has no original jurisdiction of the probate of wills; its authority is appellate only, to affirm or reverset the decision in whole or in part as it may be meet.</p> <p>Same.—The appellate court does not try the case do novo or upon new evidence, but upon the record and evidence as sent up, which evidence, under the constitutional provision, is taken at large in writing and makes a part of the proceeding.</p> <p>Probate Of Wills. Issue.—The granting of an issue of devisavit vel non by the Register of Wills is a matter within his discretion and the heir at law cannot claim it as a matter of right.</p> <p>Same.—On appeal the Court has power to direct an issue, as a verdict would not be binding upon it, the object being only to inform the conscience of the Court > but in such case the jury in trying the case would be confined to the evidence sent up by the Register. Hence, if the Court consider that the Register ought to have granted an issue, the regular proceeding is to reverse the decision and remand the case, with a view of having an issue directed, in which case all pertinent evidence would be heard whether theretofore taken before the Register or not.</p>