Canterberry v. Canterberry

Maxwell, Judge:

This certification presents for review the action of the circuit court of Kanawha County in sustaining in part and overruling in part the demurrer to a bill in chancery wherein E. 0. Canterberry is plaintiff and M. 0. Canter-berry and Clara A. Canterberry are defendants. The main purpose of the suit is to impeach the purported will of G. F. Canterberry, deceased.

The instrument challenged was probated October 30, 1930. This suit was instituted October 29, 1935. The bill was filed February 3, 1936.

The first question presented is as to what limitation period applies.

At the date of…