Kanable v. Birch

*559OPINION

By the Court,

Collins, C. J.:

This is an appeal from an order of the lower court granting summary judgment in favor of respondent, contestant to the offer in probate of a holographic will. We reverse the order and judgment and remand the contest for trial.

Edward O. Birch resided in Las Vegas and was married to respondent, Marie C. Birch. They were the parents of two sons. While they were married, Edward prepared two different wills, in each of which Marie was named a devisee and legatee. On April 16, 1968, they were divorced. Thereafter, on June 1, 1968, Edward drafted a holographic will…