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When objections are made to the admission of a will to probate, the executor named in the will may employ an attorney at the expense of the estate to uphold the validity of the will. Fillinger v. Conley, 163 Ind. 584.

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The dismissal of an action to contest a will does not prevent the commencement of another contest within the time prescribed by statute for bringing the action. Wait v. Westfall, 161 Ind. 648.

If a complaint to contest a will does not state that the testator died in the county where the complaint is filed, or that he left an estate therein, it will be presumed on appeal that the necessary facts were proven. Whittenberger v. Bower, 158 Ind. 673.

2768. Notice, hearing.

When objections are filed to the admission of a will to probate, steps must be taken to bring the interested parties into court in order to delay the hearing of proof of the execution of the will. McGeath v. Starr, 157 Ind. 320.

2773. Costs, taxation.

The taxation of costs in proceedings to contest wills is largely in the discretion of the trial courts. Whittenberger v. Bower, 158 Ind. 673.

2775. Appeal to supreme court.

Only matters of law can be assigned as error on appeal from proceedings to contest wills. Wait v. Westfall, 161 Ind. 648.

If judgment is rendered sustaining a will, the executor of the will, in his representative capacity, must be made a party to the assignment of errors. Whisler v. Whisler,

162 Ind. 136.

ARTICLE 4.-LOST WILLS.

SEC.

2779. Lost will, complaint, proof.

2779. Lost will, complaint, proof.

A complaint to establish a lost will must allege that the will was in existence at the time of the death of the testator, or that it was destroyed in his lifetime without his consent, or otherwise fraudulently disposed of. Kellogg v. Ridgely, 161 Ind. 110.

PART II.

GENERAL LAWS.

AGRICULTURE

ΤΟ

WEIGHTS AND MEASURES.

INDIANA STATUTES.

ART.

CHAPTER 10.

AGRICULTURE.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

1. THE STATE BOARD. 2793a-2796d.

ART.

2. COUNTY SOCIETIES. 2802a-2806d.

ARTICLE 1.--THE STATE BOARD.

SEC.

2793a. Exemption from taxation. 2796a. May borrow money, uses. 2796b. Indebtedness, evidence of.

SEC.

2796c. Mortgage of property-Bonds. 2796d. Bonds, no priority.

[Acts 1905, p. 25. In force April 15, 1905.]

2793a. Exemption from taxation.-1. That any and all mortgages, notes, bonds and evidences of indebtedness hereafter issued by the Indiana state board of agriculture and secured by mortgage upon its property, known as the state fair grounds in Marion county and near to the city of Indianapolis, Indiana, or otherwise, shall not be listed or assessed, but shall be exempt from taxation in this state.

See sections 2785-2800, Burns' R. S. 1901, and notes.

[Acts 1905, p. 17. In force February 17, 1905.]

2796a. May borrow money-Uses.-1. That the Indiana state board of agriculture be and is hereby authorized and empowered to borrow money at such times and in such amounts as may be necessary for the payment of the existing indebtedness now outstanding for a part of the real property of the said state board of agriculture, known as the state fair grounds, near Indianapolis, Marion county, Indiana; and other sums from time to time for the purposes of erecting and maintaining proper and necessary buildings and improvements to enable it at all

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