Smith v. Smith

Almand, Chief Justice.

The main appeal in this case, (25487), is from an order granting a summary judgment. The cross appeal (25488) is from an order denying a motion to dismiss a petition to set aside the probate of a will in solemn form.

These appeals involve the validity of the probate, in solemn form, of the will of James B. Smith, in the Court of Ordinary of Hancock County.

The testator died on April 20, 1968, leaving as his sole heirs at law five children, all sui juris. On April 24, 1968, James Smith, a son, called a meeting of the sister and three brothers for the purpose of reading the…