TOMLINSON, Justice.
According to the record, the will of Nannie Patey was probated in common form in February of 1949. By a petition filed in February of 1951 some of her alleged heirs at law seek a contest devisavit vel non as to this will, and to probate an alleged subsequent will. The defendants, except one, to the petition, alleged heirs at law, filed a plea in abatement averring that the estate had been settled under the previous will now sought to be set aside...
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