In Re Will of Proestler

While this appeal is only from the order of the district court of Scott county refusing a rehearing on its former order of transfer to equity and directing that the cause should remain in equity, yet it is necessary that there be set out the proceedings prior to such order, which was dated September 28, 1938.

Henry T. Proestler died testate in 1919, leaving a widow but no children. The first twelve items of his will, providing for payment of debts and legacies, are not in controversy. Item 13 provides:

“All the rest, residue and remainder of the property, real, personal or mixed, of which I die…