In Re Free's Estate

This is a proceeding to probate a will. It originated in the county court of Osage county, where the will was admitted to probate, and from there appealed to the district court by the protestants, where the judgment of the county court was affirmed, and this appeal resulted. In compliance with the statute, section 1101, O. S. 1931, the protestants will be referred to herein as plaintiffs, and the proponents as defendants.

The assignment of error particularly stressed and relied upon by plaintiffs questions the action of the trial court in overruling their demurrer to defendants' evidence. This…