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· 8/14/1904

Estate of Goodspeed

Citations

  • 2 Coffey 146

Syllabus

<p>Will Contest.—The Buie that a Complaint must State the Cause of action in ordinary and concise language applies to the written grounds of opposition to the probate of a will. The facts should be stated concisely and with certainty, apart from all hypotheses, arguments and conclusions of law; and when once made the statement should not be repeated.</p> <p>Will Contest—Misjoinder of Causes of Action.—Charges of fraud and duress constitute different causes of action, and should be stated separately.</p> <p>Will Contest—Charging Conspiracy.—Where one is charged in a pleading with conspiracy with other persons, he has a right to have the names of the alleged conspirators made known to him.</p>

Judges: Coffey

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