27 Ind. 480 | Ind. | 1867
The complaint alleges that in the month of September, 1865, Michael Katoling and Rosina Katoling, his
The appellee demurred to the complaint for the reasons:. 1. That the complaint does not state facts sufficient to constitute a cause of action. 2. That the plaintiff" has no intei’est in the action, and is an improper party plaintiff". ThedcmuxTer was sustained, to which the appellant excepted, and judgment was rendered for defendants for costs.
By the act of May 31,1852, (2 G. & H., § 39, p. 559,) it, is provided that “ any person may contest the validity of auy will, or resist the probate thex-eof, at any time within three years after the same has been offered for probate.!’-'
The judgment is affirmed, with costs.