Pee v. Carlyle

The opinion of the court was delivered by

Burch, J.:

The appeal was taken from a judgment of the district court affirming an order of the probate court dismissing an application to probate a will.

*201John C. Witt died in 1908, leaving a will giving real and personal property to his wife, Alice Witt, for life, and after her death to Catherine Todd, known as Katie Witt, now Katie T. Pee. The will contained a further provision that, if Alice Witt remarried, all property, real and personal, then remaining, should go to Katie Witt. Alice Witt was named executrix. In 1915, on application of Katie Witt…