Smith Thompson

“ An original bill will not lie for this purpose. If any error was committed in admitting the will to probate, it should have been corrected by appeal. This is provided for by the law of Alabama, which makes the county court in each county an orphan's court for taking the probate of wills, &c.; and declares that if any person shall be aggrieved by a definitive sentence, or judgment, or final decree of the said orphan's court, he may appeal therefrom to the next term of the supreme court in chancery, or in the district of Washington, to the superior court of that district. ”

“ The bill sets out that Richard Tarver, late of the county of Dallas, and state of Alabama, departed this life, in that county, in the year 1827, leaving at the time of his death a large real and personal estate, and leaving three sisters and the defendant, Benjamin Tarver, his sole heirs at law. That the said Richard Tarver, in the year 1819, being a citizen of Georgia, and possessed of a large estate in lands, made a conditional will, in which he recites that being about to take a long journey, and knowing the uncertainty of life, he deemed it advisable to make a will ”