Gibbs v. Lemley

Tbis cause is in tbis court upon appeal from a judgment of tbe Court of Common Pleas of Lawrence County. Tbe question posed in tbis case arose in tbe following manner.

Plaintiffs brought an action for a contest of tbe will of Mary Louise Jaynes. Clarence Wiley was named in tbe will as a devisee and legatee and was also named executor. In tbe caption of tbe complaint Clarence Wiley was not named as executor, although be was named in tbe caption as an individual defendant and in tbe body of tbe complaint as a legatee, devisee and as executor. Tbe trial court dismissed the complaint because all…