Piper v. Heatherington

In this case an issue of devisavit vel non was sent by the Probate Court of Adams county to the Circuit Court, at the instance of the defendants in error, as heirs-at-law of the testator. The issue was found in favor of the validity of the will; and thereupon the Circuit Court, on the application of the defendants in error, certified to the Probate Court that there was probable ground for contesting the will. When the case went back to the Probate Court, the defendants in error, moved that the costs be decreed to be paid out of the estate of the testator, on the ground that there was probable…