Estate of Rinker

This is an appeal from a judgment on special defenses in favor of Arthur M. Kief, petitioner, respondent and contestant (hereinafter referred to as respondent) and against Elmer Y. Rinker, contestant, petitioner and appellant (hereinafter referred to as appellant). The judgment recites that the holographic will of decedent Bina F. Rinker, dated January 1, 1947, may be “offered for probate” and denies probate to a witnessed will dated April 18, 1949. The appellant Elmer Y. Rinker is the former husband of the decedent and the sole devisee under the witnessed will.

It appears from the brief…