Sellards v. Kirby

The opinion of the court was delivered by

Mason, J.:

Probate of the will of Peter Kirby was refused by the probate court, but granted by the district court on appeal, and this proceeding is brought to review that order. The will was written by his oldest child, Mary Kirby Sellards, who was the executrix and a principal beneficiary, on five sheets of paper, which were separate at the time of its execution, but fastened together with a pin when offered for probate, the second and fourth pages being interchanged. The signature of the testator and the witnesses appeared only on the last sheet, and…