Barnes v. Leierer

The opinion of the court was delivered, by

Price, J.:

This is an appeal from an order of the district court denying probate of a written instrument purporting to be the last will and testament of a decedent.

*315The only question presented is whether one of the subscribing witnesses heard the testatrix “acknowledge the same,” in compliance with the statute.

The purported will is as follows:

“this is my last will

“First — I want all bills my paid—

“Second — I appoint Floyd as executor of my estate, without bond.

“Third — I want Bood to buy the Ryus quarter at $25 per acre.

“4th — I want each of the heirs…