Lutz v. Howard

LESLIE, Chief Justice.

This cause or certiorari proceeding was instituted by the heirs of the deceased daughter against two other daughters of the deceased parents and seeks to set aside or annul the probate of the father’s will on the ground it was not probated until more than four years had elapsed after the father’s death. The trial resulted in a judgment upholding the previous probate of the will as muniment of title and denied petitioners any relief. They appeal.

The trial was before the court without a jury and on request of appellants that court made and filed findings of fact and…