Peek v. Irwin

“1. It is not the duty of executors in a putative will to probate the same in solemn form, where it has not been previously probated in common form, and not then unless they are cited by the heirs, or others entitled to do so, to propound the instrument in solemn form.”

“2. When a person who is named as executor in an instrument purporting to be a will offers it for probate in solemn form, without having probated it in common form, and is met with a contest, he has before him two alternatives, either of which he may adopt. He may cast the burden of the contest upon those who are to be…