Gresham v. Talbot

This action was bi’ought by appellant, plaintiff below, on November 4, 1925, in the Circuit Court of Clark County, to contest the will of Louis Coleman, deceased. The original petition did not make Marjorie Louise Athey a party to the suit, although she was one of the legatees under the will. On December 7, 1925, the court sustained a demurrer to the petition and granted plaintiff leave to file an amended petition. Later, on May 5, 1925, plaintiff filed an amended petition in which Marjorie Louise Athey, a minor, by her next friend, was added as a party plaintiff. On June 22, 1926, a second…