Collins v. Nurre

This is an appeal on questions of law from the action of the Common Pleas Court of Hamilton County granting a motion to dismiss, on jurisdictional grounds, the petition to contest the will of Bertha Martin who died testate on April 24, 1967, leaving no surviving spouse and no children.

The civil action to contest a will is treated as a special remedy in Chapter 2741 — Will Contest, Revised Code, and because the right to make a will is wholly a creature of statute, the provisions thereof are to be considered mandatory and special so as to prevail over a general statute. Section 2741.02, Revised…