Morrison Waite

“ As was said by the supreme court of Michigan in this very contest, when an application was made for a mandamus to compel the circuit court to set aside an order consolidating the two appeals, 'the probate of every will, whether in the original or appellate tribunal, must always be single and complete in one hearing. It would be absurd to have such proceedings severed, so that the will might be held good as to one class of contestants, and bad as to another. ”

“ The only thing the appellate court can do is to determine the main issue, and certify its judgment to the probate court. The contest in this case was begun by citizens of Michigan jointly with citizens of Illinois and Iowa against other citizens of Michigan. There was but a single proceeding, and that between all the contestants on one side and all the proponents on the other. There was but one judgment, and that against all the contestants. From the very nature of the proceeding there could have been no other. Either all the contestants must succeed or all fail. ”

“ No matter how many different persons may appeal, they can only raise one issue, and there can be but one trial of that issue, which is to determine the question of will or no will. * * * There can be no such thing as a determination of testacy or intestacy, which binds one appellant and does not bind the rest. ”