Nupnau v. Hink

MR. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court.

Plaintiffs appeal from an order of the Superior Court dismissing for lack of jurisdiction their complaint to contest the will of Minna Rathje, deceased.

Plaintiffs, who are beneficiaries under a prior will, filed their original and amended complaints within the statutory nine-month period following the date of admission of the will to probate. Named as defendants were the executor under the probated will and the three beneficiaries thereunder, one of whom (the executor) happens also to be an heir of the decedent. As shown by the…