Forys v. Bartnicki

This appeal stems from a will contest proceeding brought by two of decedent Eva Filipski’s heirs to challenge the validity of her will. After the jury had returned its verdict invalidating the will and judgment had been entered thereon, but while a post-trial motion was pending, plaintiffs filed a motion to dismiss the proceeding, alleging that plaintiffs’ suit to set aside the will had been settled. Dismissal had been stipulated to by the defendant who, as executor and beneficiary under the will, had actually litigated the case but not by the noncontesting heirs who had been joined as…