Weeks v. Hyland

The opinion of the court was delivered by

Harvey, J.:

Lucy L. Ahlborn Weeks, a childless widow, residing *104in Geary county, died testate June 11, 1940. Her will was duly admitted to probate and an executor was appointed. Upon the petition of the executor the probate court, under the provisions of the probate code (Laws 1939, ch. 180, §270; G. S. 1939 Supp. 59-2402) certified to the district court the question of the legality of item 2 of the will. The district court, after a hearing, held the legacy and devise set out in the item to be void as being in violation of our statute (Laws 1939, ch.…