McVeigh v. Fetterman

Citations

• 95 Ohio St. (N.S.) 292

Syllabus

<p>Wills — Statutory period for contest — Service by publication — Verdict and judgment — May not be opened up and retrial had— After expiration of limitation, when.</p> <p>1. The right is conferred by statute upon any person interested in a will or codicil admitted to probate to institute an action to contest its validity, but the right thus granted is subject to the condition imposed that it shall be exercised within the period prescribed by statute.</p> <p>2. Where, in an action to contest a will; all necessary parties having been joined and duly served with process either in person or by publication, a verdict and judgment sustaining the will were entered, a party defendant though served only by publication, upon application filed subsequent to the expiration of the period prescribed by statute for the contest of wills, is not entitled to have such judgment opened up and the issue again made and tried as to the validity of said will.</p>