In Re the Estate of Milward

Rulon, C.J.:

Roy L. Cole appeals from the order of the district court which admitted the codicil of decedent Alice Milward into probate, which order removed Cole as the executor of decedent’s estate. We affirm.

The facts of this case are essentially undisputed. On February 29, 1964, husband and wife Roy Brecheisen and Alice Brecheisen executed a contractual will drafted by attorney Roy Cole. According to the will, Alice and Roy left all their property to each other should either of them die. If one was predeceased by the other, the survivor would leave his or her property to the appellee, Barry…