Berg v. Merchant

DONAHUE, Circuit Judge.

Plaintiffs in error, who are nonresidents of the state of Ohio, brought an action to contest the will of Burr Raiehley, deceased, who, at the time of his death, was a resident of Marion county, Ohio, to which action the executors of the will, legatees, next of kin, and heirs at law of Burr Raiehley were “made parties defendants. The executors and some of the other defendants filed a demurrer to this petition upon two grounds: First, that the eoqrt had no jurisdiction of the subject-matter of this action; second, that the petition on its face shows that a number of the…