Estate of Smith v. Davis

The opinion of the court was delivered by

Wedell, J.:

Two appeals arise out of proceedings by heirs at law to contest the probate of the will of Adele A. Smith, deceased. The two proceedings were consolidated in the district court and the appeals likewise have been consolidated here.

The heirs at law are a niece and two nephews of Adele A. Smith, deceased, and are children of a prior deceased half sister of Adele A. Smith, testatrix of the instant will. The Columbian Title and Trust Company was nominated by the testatrix as the executor of her estate. It filed a petition in the probate court for…