Fitzgerald v. Morgan

(After stating the foregoing facts.) It is urged by the defendant in error that the plaintiffs in error are not such parties at interest as have a right to caveat the petition for the establishment and probate of the alleged will. This question is not before the court for decision, the trial court having adjudged that the caveators were such parties at interest as could caveat the petition, and there being in this court no exception to this judgment.

The trial court sustained'the grounds of a general demurrer raising the point that the allegations of the petition showed that the plaintiff was…