In Re Heazle's Estate

TAYLOR, Justice.

This is a second appeal in this cause. See In re Heazle’s Estate, 72 Idaho 307, 240 P.2d 821. The first appeal was from an order of the district court admitting to probate the will dated May 15, 1947. Contestants urged that the earlier will was revoked by a subsequent instrument dated October 30, 1949. This contention the trial court overruled on the ground that the latter, not being entitled to probate, could not operate as a revocation. This court held that ruling to be erroneous and remanded the cause to the trial court with directions to receive further evidence, if either…