Burkhart v. Gladish

This was an action by the appellees against the appellants to contest and set aside the last will of Peter Burkhart. The complaint, omitting the caption and formal parts, is substantially as follows :

“ That Peter Burkhart departed this life on the 20th day of July, 1887, leaving the plaintiffs and defendants herein, except Noah Burkhart, as his only children and heirs at law; that, on the 22d day of July, 1887, a certain writing, purporting to be his last will and testament, bearing date March 14th, 1885, was presented to, and admitted to probate by, the clerk of the Pike Circuit Court, and…