126 P. 992 | Or. | 1912
delivered the opinion of the court.
This is a petition by Mabel Young Warner to set aside a decree determining that what purported to have been a lost will and testament of James W. Young, deceased, had been forged. Young’s Estate, 59 Or. 348 (116 Pac. 95, 1060). It is alleged that Agnes Jones, Richard Peters, James Peters, Samuel Peters, John Peters, and Sarah Davis, now Sarah Kittridge, were improperly joined as parties plaintiff in the suit, and that, though the decree referred to was based on a suggestion that the petitioner had uttered a forged will, she, having been indicted therefor, was, upon a trial of the charge, duly acquitted. The petition is'supplemented by the affidavits of the persons named tending to support the averment of misjoinder.