O'NEILL, J.
The first question presented to this court is: In a will contest, where a defendant who is not an heir and who is not a legatee under the will but is the duly appointed, qualified and acting executor of the testatrix's estate and is designated in the body of the petition as the executor of the estate, but in the caption of the petition and in the precipe which was issued there is no indication of his representative capacity, and the summons was served...
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