Smith v. Smith

Suit to contest the purported last will of one George W. Smith. The suit was filed in the Circuit Court of Sullivan County and sent on change of venue to Linn County, where the trial court sustained a motion filed by defendants to dismiss the cause. After unavailing motions for new trial and in arrest, plaintiffs appealed.

Plaintiff Elizabeth Smith is the widow of testator. Plaintiff Coffman's relationship to testator is not alleged, but it developed, as will be herein shown, that he is a nephew of said Elizabeth, but not an heir of testator. As grounds for setting aside the will the petition…