Bailey v. . McLain

The majority opinion in the instant case permits a part of the heirs of a testator, as caveators, through a secret agreement with propounder and for a cash consideration, to withhold *159evidence of tbe invalidity of a will and tbns insure its probate. From sucb a view of our law, I respectfully dissent.

Tbe plaintiffs bere elected not to enter into, and actively contest, tbe probate of tbe will. Yet, if tbe will bad not been probated, tbey would bave received a third of tbe proceeds of a $35,000 secured note. As tbey were cited to appear in tbe proceedings, tbey were bound by tbe judgment entered…