In Re Estate of Johnson

The opinion of the court was delivered by

Price, J.:

This action, filed originally in the probate court, was, in its inception, a proceeding to probate a will. Through pleadings and contentions by protestants, it was expanded into a counteraction to probate a contractual lost or destroyed will, to set aside a deed, and for specific performance of an alleged oral contract to devise.

Proponents have appealed from an adverse judgment.

Protestants have filed a motion to dismiss the appeal.

Upon consideration of the record we have concluded that the appeal must be dismissed. For that reason only so…