In re the Probate of the Will of Durant

The opinion of the court was delivered by

Porter, J.:

The widow of Thomas J. Durant, deceased, opposed the probate of his will when it was presented to the probate court and the will was denied' probate. The proponents, who are beneficiaries under the will, appealed to the district court. The widow moved to dismiss the appeal upon the ground that the court had no jurisdiction. Her motion was overruled. A hearing was had, the. court refusing to hear the testimony of any witness other than those subscribing to the will, although the widow offered to prove by a number of witnesses that at the time…