Chilcote v. Hoffman

Citations

• 97 Ohio St. (N.S.) 98

Syllabus

<p>Wills — ■ Who may contest ■ — \Person interested\ defined — Decease of devisee — Heirs or representatives may contest, when — Survivor and limitation of actions.</p> <p>1. A person interested, within the meaning of Section 12079, General Code, is one, who, at the time of the commencement of an action to contest a will, has a direct, pecuniary interest in the estate of the putative testator, 'that would be impaired or defeated if the instrument admitted to probate is a valid will.</p> <p>2. Where a person, who, in the absence of a valid will, would have a property interest in the estate of the deceased, dies intestate before the time limited for the bringing of an action to contest the validity of an instrument admitted to probate as the last will and testament of the deceased, and without having brought, or by his conduct estopped himself from bringing, such action, the right to bring the same passes with his pecuniary or property interest in such estate, as incident thereto, to his personal representative or heirs a't law, under the statutes of descent and distribution.</p>