McFadden v. McFadden

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from a judgment following a trial upon the answers of John K. McFadden and Berdie McFadden Bleser (appellees herein), finding that the lost or destroyed will of 33. B. McFadden, deceased, was revoked; ordering the judgment of the district court of May 20, 1932, set aside, and affirming the order ■of the probate court of Pratt County of September 2, 1931, denying probate of the will. The plaintiff, James A. McFadden, has appealed.

This is the second appearance in this court of litigation over the lost or destroyed will of B.…