Estate of Dalton

The question in the case at bar, pure and simple, is whether when a will has been admitted to probate any person interested may at any time within one year after such probate contest the same or the validity of the will.

*98 The will of the decedent was admitted to probate, February 16, 1897; a decree of final distribution of the estate was made, entered and filed January 13, 1898; a decree of discharge of the executrix was made, entered and filed January 14, 1898. The petition of certain of the heirs at law of decedent for a revocation of the probate of the will was filed February 11, 1898; and a citation regularly issued and served.

A demurrer to said petition was filed by Kate Dalton, “Executrix of and sole legatee and devisee under the will of John Patrick Dalton, deceased,” on various statutory grounds, but on the argument respondent chiefly relied upon the grounds:

1. That the court has no jurisdiction of the person of respondent ; 2. That the court has no jurisdiction of the subject of the action; 3. That the court has no jurisdiction to entertain said petition.

THEORIES OF DEMURRANT.

The theories on which counsel for respondent contend that the petition for the…