Case v. Smith, Admx.

The sole question for determination may be stated thus: “Did the Court of Common Pleas have jurisdiction to entertain this action?”

The trial court’s judgment of dismissal and the affirmance thereof by the Court of Appeals were based upon the ground that the action was not commenced within the time limited by law.

Section 12079, General Code, provides who may ■bring an action to contest the validity of a will, vis.:

“A person interested in a will or codicil admitted to probate in the probate court, or court of common -pleas on appeal, may contest its validity by a civil .action in the common…