Jones v. Blankenship

Clay, Commissioner

Reversing.

The lower court dismissed appellants’ petition, contesting the will of W. N. Jones, on the ground the suit was barred by limitations under KRS 394.240.

Mr. Jones died in 1938, and his purported will was admitted to probate in the Monroe County Court shortly thereafter. Within eight months from the date of probate the petition in this action, constituting an- appeal, was filed. Summons was duly issued thereon. Subsequently a warning order was made, as it appeared appellees 'were nonresidents. Depositions for appellants were taken in 1942. No further steps were taken…