Epley v. Epley

This is an appeal from a decree of the circuit court of Gallatin county dismissing appellants’ bill to contest the will of Jarrett Epley, deceased, for want of prosecution. The cause was appealed to the Appellate Court and by it transferred to this court on the ground that a freehold is involved.

The will of Epley devised real estate. The bill of appellants was filed on the 8th day of September, 1925. It made defendants thereto Hcttie M. Epley, his widow, Lawrence Epley, Lewis Smith and Ella Dewey. Summons was issued for the défendants. The return on the summons shows service on Hettie M.…