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§58-61.
§58-61.
When a will has been admitted to probate, any person interested
therein may at any time within three (3) months from the date the will
was admitted to probate contest the same or the validity of the will.
For that purpose he must file in the court in which the will was
proved a sworn petition in writing containing his allegations, that
evidence discovered since the probate of the will, the material facts
of which must be set forth, shows:
1. That a will of a later date than the one proved by the decedent,
revoking or changing the will, has been discovered, and is offered; or
2. That some jurisdictional fact was wanting in the probate; or
3. That the testator was not competent, free from duress, menace,
fraud, or undue influence when the will allowed was made; or 4. That
the will was not duly executed and attested.
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