Hecker v. Schuler

To divine the nub of this case, we are obliged to scrutinize the statute which mandates the parties to an action to contest a will.

Section 2741.02, Eevised Code, states: “All the devisees, legatees, and heirs of the testator, and other interested persons, including the executor or administrator, must be made parties to an action under Section 2741.01 of the Eevised Code.” (Emphasis supplied.) The insistence of that section is that interested persons be made parties to a will contest.

Quite obviously, in every controversy of this kind, there will, in the nature of things, be devisees or…