Miller v. Wilcox

MANFORD, Judge.

This is a direct appeal from a judgment in the form of an order sustaining respondent’s motion to dismiss. The judgment is affirmed.

At issue was an original petition to contest a will. The petition alleged the decedent, mother of appellant, was not of sound mind, the procurement of making and signing the will was secured by undue influence and the paper writing filed for probate was, in fact, not the will of decedent.

Responsive pleadings were filed by various heirs. Following the filing of such pleadings, respondent C. B. Wilcox filed a motion to dismiss, alleging appellant’s…