Wilkinson v. Ritzmann

The Last Will and Testament and codicil thereto of the decedent, Corrine H. Hayes, was offered for probate on September 3, 1970; the same were admitted to probate and by order of the court copied in the will record on September 4, 1970.

On March 19, 1971, plaintiffs-appellants filed their complaint to contest said will, pursuant to Ind. Ann. Stat. § 7-117 (Burns 1953 Repl.) Defendants-appellees thereafter filed a motion to dismiss, along with a supporting affidavit (pursuant to Rule TR. 12 (B) (6)) on the premise that more than six months had passed from the offering for probate and the filing…