Cover v. Hildebran, Exrx.

This is an appeal on questions of law from an order of the Court of Common Pleas sustaining a motion to dismiss an action contesting the will of Bertha Billingsley, deceased. The motion contained two grounds, both of which were sustained: (1) That all necessary parties were not joined in the action, and, (2) that the action was not commenced within the time prescribed by statute. Upon this two-fold ruling plaintiff-appellant bases her two assignments of error. The ruling sustaining the second ground of the motion is made the first assignment of error.

The petition to contest the will was filed…