Scott v. Roy

*100Opinion op the Court by

Judge Nunn

— Reversing.

At the March term, 1903, of the Boyle County Court the will of Lou T. Scott, a resident of that county, was duly probated. It seems that nothing more was done until March, 1908,- a few days before the expiration of five years, the time within which to take an appeal to the circuit court, when J. W. Scott, a brother of the testatrix, filed a statement in the circuit court for the purpose of taking an appeal to that court. He named as defendants in the statement M A. Roy, R. J. Gresham, Lydia Lanham, Sallie C. Scott. Mattie B. Scott, R. S. Scott,…