91-7-21 - Caveat against probate may be filed.
§ 91-7-21. Caveat against probate may be filed.
Any one desiring to contest a will presented for probate may do so before probate by entering in the clerk's office in which it shall be presented his objection to the probate thereof, and causing all parties interested and who do not join him in such objection to be made parties defendant. Thereupon the issue devisavit vel non shall be made up and tried, and proceedings had as in other like cases. When an objection to the probate of a will has been made in writing, filed with the clerk, probate shall not be had of such will without notice to the objector.
Sources: Codes, 1880, § 1970; 1892, § 1815; 1906, § 1990; Hemingway's 1917, § 1655; 1930, § 1608; 1942, § 504.