Herrick v. Wills

CLAY, Commissioner.

In this action to sell real estate devised under the will of Mary Scott Brooks, it was alleged in the complaint that defendant appellants had forfeited their remainder interests by bringing an earlier suit to contest the will. The will contained a “no contest” clause. The trial court adjudged a forfeiture.

A will contest had been instituted over ten years ago, and as shown by the record of that suit, the present defendants were named as party plaintiffs. By pleading in this action, defendants denied that anyone was authorized to bring the contest suit in their names, and…