Estate of Powers v. Kessler

Appellant Geraldine Powers Kessler (hereinafter referred to as contestant) has appealed from the order sustaining demurrers and dismissing her first amended contest to the probate of the last will and testament of Thomas E. Powers, deceased.

Decedent, Thomas E. Powers, died on June 1, 1977. On June 17, 1977, Olga E. Powers, widow of decedent, petitioned for letters of administration-with-the-will-annexed and for probate of a purported will of decedent dated September 19, 1945. Notice of hearing the petition for probate of will was duly published, and on August 24, 1977, contestant filed a contest to probate of will and opposition to petition for appointment of administrator. Demurrers to the contest were filed by Florence Jeanne Lewis Weber, a beneficiary under the will, and by Olga E. Powers, widow (hereinafter referred to as respondents) which demurrers were sustained with leave to amend.

Contestant’s first amended contest was filed on October 11, 1977. Demurrers thereto were sustained without leave to amend, and contestant’s first amended contest was dismissed on the ground that contestant does not have standing to contest the will.

Contentions on Appeal

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