Kafka v. Kafka

The opinion of the court was delivered by

Smith, C. J.:

This is a proceeding to admit a lost or destroyed will to probate. The probate court and on appeal the district court refused to admit it. The proponent has appealed.

The petitioner was Cascelia, the daughter of Anton Kafka. Her mother, the first wife of decedent, had predeceased him, leaving petitioner and a brother Martin. Decedent’s second wife Clara survived him. There were no children by the second marriage.

The petition alleged the identity of petitioner; that she was an heir at law and a beneficiary under decedent’s last will; that on…