Nupnau v. Hink

This suit to contest the will of Minna Rathje, deceased, was brought on January 17, 1962, in the superior court of Cook County, by certain beneficiaries under a prior will. The complaint was filed within the statutory nine-month period following probate, but the plaintiffs failed to include all the heirs as parties defendant. The question is whether jurisdiction ceased upon expiration of the nine months, for failure to name all necessary parties defendant within that time.

The record shows that after nine months had expired from the date the will was admitted to probate the defendants moved to…