Benton v. Turk

Bell, Justice.

(After stating the foregoing facts.) We will first consider the questions presented by the writ of error in which L. O. Benton Sr. is the plaintiff in error.

Being of the opinion that the suit by the heirs at law was subject to demurrer as failing to state a cause of action, we begin by the process of elimination, though the process will not be continued through everything that follows. The petition of the heirs at law, as amended, shows on its face that the deceased left a will which has been probated in common form; and that no application to probate the will in solemn form has…