MORTON v. FAST

No. 33284.

159 Ohio St. 380 (1953)

MORTON, APPELLANT, v. FAST, EXR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 6, 1953.


Attorney(s) appearing for the Case

Mr. Winford V. Weiford and Mr. Faber J. Drukenbrod, for appellant.

Messrs. Amerman, McHenry, Jones & Morgan, for appellees.


TAFT, J.

An action to contest a will is provided for in Chapter 8, entitled "To Contest Will," of Division VII, entitled "Special Actions," of Title IV, entitled "Procedure in Common Pleas Court," of Part Third, entitled "Remedial," of the General Code of Ohio.

Section 12079, General Code, in that chapter reads:

"A person interested in a will or codicil admitted to probate in the Probate Court, or Court of Common Pleas on appeal, may contest its validity...

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