In proceedings to resist probate or contest the validity of a will, a complaint must be filed and process issued for all the persons that are beneficially interested in the will. Faylor v. Fehler, 181 Ind. 441, 104 N. E. 22. See note to section 3154. Where no service is made on infant defendants in proceedings against the probate of a will, as required by this section, the court has no jurisdiction of such infants, and can not appoint guardian ad litem for them. Voyles v. Hinds, 186 Ind. 38, 114 N. E. 865. 3162. Clerk's duty, revocation of probate, costs. See note to section 1433. 3163. Appeal to supreme court. Only questions of law can be assigned as error in the supreme court, as in other civil actions, when appeals are taken in proceedings to contest wills. Danville Trust Co. v. Barnett, 184 Ind. 696,-111 N. E. 429. ARTICLE 4.-LOST WILLS. SEC. 3167. Proofs to establish lost will. 3167. Proofs to establish lost will. Before a single provision of a lost will can be probated when the other provisions are not proved, the record must show that the trial court found the necessary facts required by this section. Fletcher v. Fletcher, 186 Ind. 193, 115 N. E. 582. To establish the existence of even one provision of a lost will, it must be proved that the will was in existence when the deceased died, or was destroyed during his lifetime without his consent, or was otherwise fraudulently disposed of. Fletcher v. Fletcher, 186 Ind. 193, 115 N. E. 582. ARTICLE 5.-GENERAL PROVISIONS. 3173. Benevolent devises, reports of trustees, failure, penalty. If a will making a devise for benevolent purposes provides that the trustees shall not be required to make reports, such provision will not invalidate the will, but the trustees will be required to comply with the law. Ackerman v. Fichter, 179 Ind. 392, 101 N. E. 493. If the trustees named in a will that makes a devise for charitable purposes are capable of taking and holding the property devised and of directing expenditures, the fact that the beneficiaries are uncertain in number and identity, such as the pupils of a school, does not render the will invalid, nor does the fact that a will devising property for the benefit of a school under control of a Catholic church provides for paying for masses, render the will invalid. Ackerman v. Fichter, 179 Ind. 392, 101 N. E. 493. CHAPTER 10. AGRICULTURE. Section numbers to notes refer to the Revised Statutes of 1914 and sections herein. [Acts 1921, p. 166. In force March 3, 1921.] 3174a. Indiana board of agriculture, members.-1. There is hereby established, the Indiana board of agriculture. Said board shall be composed of sixteen members, one of whom shall be selected from each of the congressional districts in said state and the remaining members are to be appointed by the governor [,] which remaining members shall be as nearly as possible divided equally between the leading political parties subject to the provisions contained in section 2 of this act: Provided, That in addition to said sixteen members the governor and the dean of agriculture of Purdue university shall be exofficio members of said board with power to vote on all questions except the nomination of members at the annual conference. 3174b. Members, term, per diem expenses.-2. The first members of the board shall be appointed by the governor as soon as this act takes effect; and the first members of said board shall be the members of the Indiana state board of agriculture as constituted on January 10, 1921. The terms of eight (8) of said members so designated by the governor, shall expire on the last day of the annual conference of 1922, as hereinafter provided for, eight (8) members on the last |