Baker v. Bain

THOMAS, Justice.

The question presented on this appeal was the granting of the motion of appellee to strike contest challenging the validity of a codicil to the last will and testament of Samuel M. Hendricks, deceased, and in the probating of the will and codicil thereto.

It is provided by statute, that: “Upon the demand of any party to the contest, made in writing at the time of filing the initial pleading, the probate court, or the judge thereof, must enter an order transferring the contest to the circuit court of the county, in which the contest is made, and must certify all papers and…