Knox v. Knox

The opinion of the court was delivered by

BENSON, J.:

This is an action to obtain the judicial construction of a will. A demurrer to the petition was. sustained and the plaintiffs appealed.

A preliminary question arises upon a motion of a. defendant to set aside service by publication. This. motion was overruled, and he appealed from that, ruling.

The petition contains statements in substance as follows: Samuel M. Knox, deceased, late of Allen, county, died testate in May, 1907, owning real estate in that county of the value of $200,000, and also-real estate in Nebraska and Arkansas of the value…