State Ex Rel. Bier v. Bigger

Original proceeding in mandamus in this court to compel respondent, judge of the probate court of Marion county, to take jurisdiction of the probate of the alleged last will of Joseph M. Smith, deceased, and to render a decision admitting or rejecting said alleged will to probate. Respondent, waiving issuance and service of our alternative writ, has made return to relator’s petition and relator has moved for judgment on the pleadings.

The petition alleges that Joseph M. Smith died on December 17, 1941, the owner of property valued at $19,000.00, and leaving a duly executed will in which he…