Section 17-1-4

Probate judge's duties to devolve upon circuit court in event of failure to perform.

In the event the judge of probate of any county is unable, or neglects, fails or refuses to perform the duties prescribed in this title, the duties, responsibilities, penalty and authority of the judge of probate shall devolve upon the judge of the circuit court of the county.

(Code 1896, §1614; Code 1907, §429; Code 1923, §519; Code 1940, T. 17, §4.)