Gibbins v. Hancock

John I. Purtle, Justice.

The Pulaski Chancery Court denied appellant’s petition to contest a will on the grounds it was not filed within six months from the date of notice to probate the will. Appellant contends the five-year time limit applies because actual notice was not given as required by statute.

We are requested to rule that in the absence of strict compliance with the notice of probate statute the five-year statutory period for contesting the will applies. We hold that substantial compliance only is required and affirm the trial court’s holding that the appellant had actual and…