Byrd v. Riggs

Duckworth, Chief Justice.

1. A caveat to a will signifies a contest in which the pleadings consist of the will, the petition for probate, the caveat or allegations against the will and all amendments thereto (Redfearn on Wills, Ch. 10); and no traverse of the caveat is necessary, since the burden is already upon the propounder to establish the existence of a valid will as the contest is determined by the pleadings already filed therein. Accordingly, the exception pendente lite to the judgment refusing the motion to dismiss on the ground that no traverse was filed was without merit.

2. On appeal…