In Re Estate of Hill

The opinion of the court was delivered by

Price, J.:

This appeal arises out of proceedings in connection with the probate of a last will and testament and codicil thereto. Because of the disposition being made of the appeal, a rather limited statement of the facts will be sufficient to illustrate the question under consideration and to show the basis of our decision.

W. W. Hill and his wife Myrtle were married in 1917 and resided on his 160-acre farm in Lyon County consisting of two 80-acre tracts separated by a road. There were no children of this marriage but each had children by a former…