Hicks v. Wadsworth

192 S.E. 729, 184 Ga. 681, 1937 Ga. LEXIS 615

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.