In re Estate of Martin

The executor, Bishop Trust Company, appellant in this court, successfully defended an action contesting the validity of the will of its testatrix, Emily Martin, in Probate Court, and maintains here that the contestants, appellees here, lost their right to appeal to the circuit court on the issue of the validity of the will because they failed to effectuate their appeal under the rules prescribed by our statutes.1

The petition for probate of the will, executed on July 26, 1962, was filed in the Probate Court on April 25, 1963, and the caveat contesting probate of the will was filed May 23,…