Gilbert v. Partain

Probate of the will of W. N. Gilbert, deceased, was denied in the probate court of Shelby, and the proponent appeals.

The allegation of the petition for probate is that the alleged testator, W. N. Gilbert, died October 17, 1917, a resident of Shelby county. His alleged will was proposed by appellant, Bill Gilbert, for probate November 16, 1929; that is, a copy of the alleged will of deceased was filed with the court, it being alleged that the original had been lost or destroyed.

In the probate court it was correctly held that probate of the proposed will was barred by the statute.

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