Aten v. Tobias

The opinion of the court was delivered by

Dawson, J.:

These appeals pertain to an action to set aside a will and matters incidental thereto. The first was taken from a ruling on the pleadings; the second is from the judgment on the merits.

Most of the litigants are children or grandchildren of the late Cyrus Tobias of Rice county. Edwin E. Tobias, a son of the testator, is a defendant personally and also in his capacity as exec*648utor. Defendant Emma Mason was a daughter of Cyrus by a former wife. Defendant Valentine 0. Enders was a son of Mrs. Tobias by a former husband.

Cyrus Tobias and his wife…