Zabel v. Stewart

The opinion of the court was delivered by

Thiele, J.:

This appeal involves the validity of two wills and arises out of the following:

Under date of November 1,1926, Henry M. Mitchell and Matilda A. Mitchell, residents of Pottawatomie county, executed their joint will, which! read as follows:

“Last will and testament of Henry M. Mitchell and Matilda A. Mitchell:

“We, Henry M. Mitchell, aged fifty-nine years, and Matilda A. Mitchell, aged fifty-seven years, husband and wife, and both and each being of sound mind and memory, and both and each residents of the said county of Pottawatomie and state of…