Pirtle v. Kirkpatrick

Opinion op the Court by Chief

Justice Fulton

Affirming.

On June 16, 1920, Mrs. Nellie -Kirkpatrick signed and acknowledged a purported will before a notary public. Tbe purported will devised all of her property, including a house and lot in the town of Milburn, money in bank and stocks and bonds, to her brother, Richard Kirkpatrick, in fee simple. The paper, being neither holographic nor attested by two witnesses, was not valid as a will.

On January 18, 1940, the following codicil was written immediately below the will, on the same paper, and attested by two witnesses:

“Codicil to above will:

“Perso…