Andes v. Shippe

The sole and precise question presented on this appeal is whether the plaintiff in a properly and timely initiated action to contest a will may dismiss the same before trial, over the protest of a defendant who is interested in having the will set aside.

A proceeding to contest a will is purely and exclusively statutory in Ohio. Mosier v. Harmon, 29 Ohio St., 220; Madden, Exr., v. Shallenberger, Gdn., 121 Ohio St., 401, 169 N. E., 450.

Section 2741.01, Revised Code, provides:

“A person interested in a will or codicil admitted to probate in the Probate Court, or Court of Common Pleas on appeal,…