Adcock v. Adcock

Plaintiffs, heirs-at-law of the testator, Stonewall J. Adcock, are appealing from a judgment of the circuit court of Warren county dismissing, for want of prosecution, their complaint to contest the decedent’s purported will on the grounds of duress and mental incompetency.

The sole question presented herein is whether the trial court erred in dismissing the case for want of prosecution where there had been one prior continuance, and plaintiffs’ counsel was actually engaged on the day the cause was set for hearing in the trial of another case which he had endeavored, without avail, to have…