contest

Noun: An attempt to defeat the probate of an instrument offered as a will, being inclusive of resistance to probate and an action or proceeding to set aside probate. 57 Am J1st Wills § 743; a technical term for a proceeding to cancel or defeat an entry of public lands. 42 Am J1st Pub L § 31; within the meaning of an incontestable clause in an insurance policy: -some affirmative or defensive action taken in court to cancel the policy or prevent its enforcement, to which the insurer and the insured, or his representatives or beneficiaries, are parties. Anno: 36 AL.K 1245, 64 ALR 959, 101 ALR 868; a proceeding by which a disagreement as to the result of an election of a public officer may be determined. 26 Am J2d Elect § 316. The phrase "contested election" has no technical or legally defined meaning, but an election may be said to be contested whenever an objection is formally urged against it which, if found to be true in fact, would invalidate it. This must be true both as to objections founded upon some constitutional provision as well as upon any mere statutory enactment. Robertson v State ex rel. Smith, 109 Ind 79, 116. Verb: To make a subject of dispute, contention, or litigation; to call in question; to controvert; to oppose; to dispute; to defend, as a suit or other judicial proceeding; to dispute or resist, as a claim, by course of law; to litigate. Robertson v Stale ex rel. Smith, 109 Ind 79, 116; Moran v Moran, 144 Iowa 451, 123 NW 202.