Martin v. Mansfield Savings & Trust National Bank

OPINION

By THOMPSON, J:

This case is an appeal to this court on questions of law from a judgment of the Common Pleas Court of Cuyahoga County dismissing the petition of plaintiffs in a will contest case as a result of a motion filed by certain of the defendants made parties by the petition. The ground stated in the motion was that more than six months had elapsed since the last will and testament was admitted to probate and that no one during that time had been made a party to the action in a fiduciary capacity as executor or administrator, and no praecipe had been filed for service of summons…