Lemaich v. Cubra

Appellant brought this action to contest a will. The demurrer to appellant’s complaint, filed by the appellee Milovan Cubra as an individual, raised a question of defect of parties defendant. ' The demurrer was sustained, appellant refused to plead over, and judgment was accordingly rendered that she take nothing by her complaint.

This action was instituted under Burns’ 1933, §7-504, which provides in part:

“Any person may contest the validity of any will or resist the probate thereof ... by filing in the court ... his allegations in writing . . . and the executor and all other persons,…