Cunningham v. Tuley

Appellee filed in the Eloyd Circuit Court his verified application, under §2752 Burns 1894, §2582 R. S. 1881 and Horner 1897, stating that one Sarah Johnson died testate in October, 1898; that, immediately previous to her death, she was an inhabitant of Eloyd county; that in her will she nominated appellee as executor; that the will is in the custody of appellant, who neglects and refuses to produce it for probate; and asking that appellant be cited to produce the will that it may ,be duly proved. In his verified return to the citation, appellant alleges that the will is not and never has…