Estate of Smelser v. Smelser

Rulon, J.:

John H. Smelser, Jr., and Frank Dean Smelser, petitioners, appeal the district court’s order denying admission to probate of a portion of a codicil to their mother’s will. Lloyd Smelser, respondent, also Martha’s son and the executor of her estate, .cross-appeals the court’s order admitting a portion of the codicil to probate. We affirm the district court’s order.

The undisputed facts of this case are as follows:

On June 10, 1983, when Martha executed her last will and testament, she was the owner of a 160-acre tract on which her house was located. Paragraph four of her will leaves…