Correll v. Vance

The opinion of the court was delivered by

Hopkins, J.:

This controversy presents the question whether a petition which in effect alleges the..probate of a.will, proceedings in the probate court, including the appointment, qualification and action of an administrator, but which prays for an order setting aside the will, states sufficient facts to give the district court original jurisdiction (no appeal having been taken from any ruling or order of the probate court). A motion and demurrer to the petition were overruled, and the defendants appeal.

The plaintiff alleged substantially that her…