In Re Elliott's Estate

This was a proceeding in which the petitioner, Eva Leona Frankfurt, sought to have the will of Nina Elliott admitted' to probate or, in the alternative, to have the court set aside a decree admitting to probate an earlier will executed by the same testatrix. Upon a hearing before the court without a jury, the petition was denied. Petitioner thereupon appealed.

On January 23, 1936, Nina Elliott executed a will, leaving all of her property to respondent, Thomas N. Elliott, who was her second husband, and appointing him executor of the will. Mrs. Elliott died in Seattle on December 17, 1942, at…