179 Ind. 179 | Ind. | 1912
On August 13, 1910, appellee Burk filed in the office of the clerk of the Cass Circuit Court his written, verified objections to the probate of the will of Martha C. Gruber, deceased, pursuant to the provisions of §3153 Burns 1908, §2595 R. S. 1881. In these objections it was stated that decedent, while of unsound mind, in April, 1910, executed a will, the terms and conditions of which were unknown to the affiant, but that he believed that one Sarah Ahearn was named therein as the principal beneficiary, and that affiant and one Glen Sampson were the only heirs of decedent.
No attempt was made, by summons or otherwise, to notify Sarah Ahearn of the filing of the objections. On September 12, 1910, the seventh judicial day of the next term of court, the will of Martha C. Gruber was presented to the court and admitted to probate. Sarah Ahearn, the principal beneficiary, was named in the will as executrix, and qualified as such.
On September 15, 1910, the said Burk filed in the same court his verified petition to vacate the order admitting the will to probate, in which petition it was alleged that the clerk had placed his written objections, filed August 13, on the probate docket of the court, under a certain number, where it had since been of record; that the will was probated by the court without knowledge of the pendency of the ob
Other questions are presented, but they so depend on those already determined that their consideration is rendered unnecessary.
There is no error in the record. Judgment affirmed.
Note.—Reported in 99 N. E. 1004. See, also, under (2) 49 Cyc. 1358; (3) 40 Cyc. 1345. As to the general principles in respect to contesting the probate of a will, see 130 Am. St. 186.