Novak v. Stevens

POPE, Justice.

The questions presented are whether a district court, sitting in probate, has jurisdiction to hear an application for the probate of a will and a will contest and also to construe a will to determine whether it was a contractual will. The district court consolidated two probate matters for trial and then rendered one summary judgment which denied probate of a 1968 will and rendered another summary judgment that admitted to probate a 1976 will. The court construed the 1968 will as a noncontractual will and refused to impress a constructive trust upon the estate. The court of…