§58-41.

§58-41.
   
   If anyone appears to contest the will, he must file written grounds of
   opposition to the probate thereof, and serve a copy on the petitioner
   and other residents of the county interested in the estate, any one or
   more of whom may demur thereto upon any of the grounds of demurrer
   allowed by law in civil actions. If the demurrer be sustained, the
   court must allow the contestant a reasonable time, not exceeding ten
   (10) days, within which to amend his written opposition. If the
   demurrer is overruled, the petitioner and others interested may
   jointly or separately answer the contestant's grounds, traversing or
   otherwise obviating or avoiding the objections. Any issues of fact
   thus raised, involving:
   
   1. The competency of the decedent to make a last will and testament.
   
   2. The freedom of the decedent at the time of the execution of the
   will from duress, menace, fraud, or undue influence.
   
   3. The due execution and attestation of the will by the decedent or
   subscribing witnesses; or,
   
   4. Any other questions substantially affecting the validity of the
   will must be tried and determined by the court.
   
   On the trial the contestant is plaintiff, and the petitioner is
   defendant.