In Re the Estate of Smith v. Sutton

This is an appeal from a judgment of the superior court of Maricopa county denying the petition of Maria B. Smith, hereinafter called petitioner, to set aside and revoke the probate of a certain will.

The facts out of which the case arose may be stated as follows. Frank O. Smith and Emma O. Smith, the latter hereinafter called deceased, for many years were husband and wife, but had no children. On the 14th day of July, 1928, each executed a will, the legal effect of these instruments being that if Prank O. Smith died first all of his estate passed to his wife, Emma O. Smith, while if she died…