do in this case, without interpolating into the statute what it does not contain. If the result be not as we have suggested, cases may be readily imagined where there might be successive births through many years, and each child when born would have a right to renew the litigation touching the validity of the decree annulling a will. This would be an intolerable evil. It cannot be supposed the legislature intended such a solecism. In this case, according to the theory of the bill, the right of the youngest complainant accrued more than 35 years after the will was set aside. Such a construction of the statute would open Pandora’s box, without a single good amid the thronging evils that would come forth from it.
“There are, strictly speaking, no parties” in such cases. Runyon v. Price, 15 Ohio St. 1–6. Every one interested, if he choose to do so, may make himself a party to the record. Nothing is in question but the legal status of the will. That instrument is the res of the controversy, and in the absence of fraud all persons concerned, whether formally before the court as parties or not, are necessarily alike concluded by the verdict.
“Substantially this is a proceeding in rem, and the court cannot take jurisdiction of the subject-matter by fractions. The will is indivisible, and the verdict of a jury establishes it as a whole or wholly sets it aside. To save the right of action to one is, therefore, necessarily to save it to all. The case belongs to that class of actions where the law is compelled either to hold the rights of ail parties to be saved or all to be barred.” Bradford v. Andrews, 20 Ohio St. 208–219.
The judgment of the probate court touching a will is, until reversed, conclusive upon all collateral issues. Brown v. Burdick, 25 Ohio St. 260–266.
“The rights of necessity form a part of our law.” Respublica v. Sparhawk, 1 Dall. 383.
That those who are formal parties and those who are not are alike bound by the decree is conclusively shown by the well-considered cases of Singleton v. Singleton, 8 B. Monroe, 340; Hunt v. Acre, 28 Ala. 580; Scott v. Calvit, 3 How.
