Vance v. Byerly

OPINION

By BAYNES, J.

Plaintiffs seek a declaration in equity that the purported probate of a will in the Probate Court of this county be held void and the same be vacated.

Only the defendant Carl Byerly as executor and individually has answered. All other defendants are in default for answer or other pleading. Plaintiff demurs to the first and second defenses. The answering defendant admits in his first defense.(1) That Rozella Eycrly died January 20, 1955.(2) That her only heirs and next of kin were Shirley Ann Vance, Carl Byerly, Imer Byerly, John Byerly, Oliver Byerly and Beatrice A.…