Cain v. Burger

The will of Sallie Turton Duport, deceased, was duly admitted to probate in the probate court of Jefferson county.

George W. Turton, brother of decedent, was her sole heir and distributee. He did not contest the probate of the will in the probate court. Within twelve months after such probate he died intestate.

After his death and still within twelve months from the date of probate, his personal representative, his widow, and his children joined in filing this bill to contest the will in equity. Code, § 10637.

The trial court held the bill subject to demurrers going to the right, of complainants…