Durbin v. Durbin

This is an appeal on questions of law from a judgment of the Court of Common Pleas in favor of the defendants and against the plaintiff.

Plaintiff brings this action to contest the will of his mother, Mary L. Durbin. The facts, so far as pertinent to the issues involved, are as follows:

Decedent died May 5, 1955, and on April 25, 1956, her will was admitted to probate in the Probate Court of Hardin County. The six-month period in which an action to contest her will could be brought expired October 25, 1956. On October 8, 1956, plaintiff filed his petition in the Court of Common Pleas to contest…