Long v. Neal

Appellees filed a complaint to contest the will of appellant’s decedent, Sarah A. Neal, for the alleged reasons that (1) she was of unsound mind; (2) that execution of the will was procured by undue influence; and (3) that it was unduly executed. Appellant answered by a denial, and by a second paragraph addressed to the complaint as a whole, alleging that two of the six plaintiffs (appellees) had each accepted a legacy paid to them under the provisions of the will and retained the same.

*120If all the plaintiffs had thus estopped themselves to contest the will, an answer setting up that fact might…