PREWITT, Justice.
This is a will contest which the Circuit Judge dismissed. This case presents a question as to whether or not a person, who would take no part of the estate of a decedent in case of intestacy, is entitled to contest the will of such decedent upon the allegation in the petition to contest that he was a beneficiary under a prior will of the decedent which has been lost or destroyed and is not in existence.
The plaintiff instituted this contest...
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