Dye v. Parker

The opinion of the court was delivered by

Mason, J.:

This action is in effect one for the reformation of a will to conform to the intention of the testator. The district court sustained a demurrer to the petition, and the appeal is taken from that ruling.

The facts as stated in the petition may be thus summarized: The will in question is that of Hattie M. Dye, and was executed January 11, 1919. She died January 28, 1919, and the will was admitted to probate. As it is written it disposes of but a portion of her property, giving it to her granddaughter Faye Parker, the rest of it going to Lera A.…