Cummings v. Keach

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from the order of the trial court in overruling a demurrer to the petition.

The action was by three persons who claimed to be relatives and heirs of Sarah Josephine Dennis, deceased, against her executor and all the devisees and -legatees named in the will, and was to set aside the will on the ground of undue influence and because she was mentally incompetent to make a will at the time it was made. The executor named in the will and appointed as such by the probate court was also one of the beneficiaries under…