Estate of Broderick

Citations

• 1 Myrick 19

Syllabus

<p>Revocation of Probate. -Non-resident alien has, after ten i’and possibly five) YEARS NO INTEREST IN ESTATE ENTITLING HIM TO ASK FOR REVOCATION OF PROBATE OF WILL.—UNDER THE CLAUSE MAKING PROBATE CONCLUSIVE AFTER ONE YEAR, SAVE AS TO PERSONS LABORING UNDER DISABILITY, COVERTURE IS NOT A DISABILITY.</p> <p>Decedent died Sept. 16,1859. Will admitted to probate Oct. 16,1860. Petition by non-resident aliens filed, April 29, 1871, for revocation, on the ground that will is a forgery, and alleging that one of petitioners had theretofore suffered under disability of coverture.</p> <p>Held, that Statute of April 19, 1856, relating to escheated estates (Statutes 1856, p. 137) bars all interest in the estate, whereon a right to contest will could be based; and that married women labor under no disability in view of the right to sue and be sued without joinder of husband or next friend.</p> <p>Construing sections, C. C. 672; C. C. P., 1269-1272, 1327,1333; statutes 1856, p. 137.</p>