Mirise v. Rathbun

The opinion of the court was delivered by

Harvey, J.:

This was an action to contest an order of the probate court refusing to probate a will and to have the instruments established as a will. Judgment was for plaintiff. Defendants have appealed.

The pertinent facts are: Mary Louise Wells, a resident of Riley county, died December 28,1938, leaving no descendants or surviving husband. The value of her estate was about $9,000. She left what purported to be her last will and testament, by the terms of which she gave all her property to her sister-in-law, Kate Mirise, a resident of Roscoe, Ohio. On…