State v. Duerkson

This case concerns the alleged and questioned last will and testament of Henry Heitholt, deceased. When the questioned document was presented for probate in the county court, the state filed petition and contest on the theory that the deceased died intestate and without heirs and that the estate should escheat to the state.

The document was established as the last will and was admitted to probate and the state appealed to the district court. There the county court judgment was affirmed. On appeal to this court' the state urges that the trial court abused its discretion in denying the state’s…