MALLERY, J.
The plaintiffs were the brothers and sisters of Luther S. Harrel, deceased. They brought an action against the defendant as executrix of his estate, and as the devisee under his will, seeking to contest it and to have it construed. From a judgment of dismissal, upon the sustaining of a demurrer, the plaintiffs appeal.
The trial court held that, as a will contest, the action was fatally defective, because the statutory procedure in such actions...
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