Woodworth v. Woodworth

*871The opinion of the court was delivered by

Smith, J.:

These are two proceedings that were instituted in probate court and appealed to the district court. Judgment was rendered.in one proceeding in favor of the executor of a will and in the other against the executor. The losing party in each case appeals.

The facts will be stated in case No. 33,353 first. That is the case where the executor is appealing to this court. The pertinent facts in the other case will appear as the facts in this case are related.

Brother Woodworth was appointed executor of his father’s estate on February 25, 1932. Among…