§ 43-8-190 — Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury

A will, before the probate thereof, may be contested by any person interested therein, or by any person, who, if the testator had died intestate, would have been an heir or distributee of his or her estate, by filing in the court where it is offered for probate allegations in writing that the will was not duly executed, or of the unsoundness of mind of the testator, or of any other valid objections thereto; and thereupon an issue must be made up, under the direction of the court, between the person making the application, as plaintiff, and the person contesting the validity of the will, as defendant; and such issue must, on application of either party, be tried by a jury.

Legislative History

(Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989; Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975, §43-1-70.)