Battle v. Mason

I dissent to the present opinion and the withdrawal of the opinion of November 16, 1954.

The original petition and contest, while it does not use the exact words of the statute “discovered since the probate of the will”, 58 O.S.1951 § 61, it does by the use. of other words clearly convey the impression, and does definitely imply that these contestants, who were residents of Arkansas, discovered the evidence on which their contest was predicated between the probate of the will and the filing of the contest several months later. Furthermore, *335that was proven to he so hy' positive evidence in the…