Draher v. Walters

Defendants in error concede that all necessary parties were named in the petition as provided by Section 12080, General Code. They contend, however, that defendant Josey Palm, devisee-legatee under the will, is not united in interest with all her co-defendants and that consequently service of summons upon her does not constitute commencement of the action against her co-defendants.

Now what constitutes commencement of an action to contest a will within the meaning of Section 11230, General Code?

Section 10504-32, General Code, provides: “If within six months after probate had, no person…