Ferrier v. Ferrier

The opinion of the court was delivered by

MASON, J.:

A will was admitted to probate January 7, 1915. An action to contest it was brought March 8, 1920. A demurrer to the petition was sustained because of the time that had elapsed between the two steps, and an appeal is taken from the ruling.

The statute relating to the contest of a will read as follows from 1868 until 1907:

“If no person interested shall within two years after probate appear and contest the validity of the will, the probate shall be forever binding, saving, however, to persons under legal disability the like period after the…