Seaton v. Jones

The opinion of the court was delivered by

Smith, J.:

This was a proceeding to probate a will. An answer *94objecting to the probate and a cross petition asking probate of an earlier will were filed. Upon a hearing the probate court ordered the later will admitted to probate. Upon appeal the district court made the same ruling. The opponents of probate of the later will have appealed.

The petition for the probate set out the jurisdictional facts and alleged that the. will was written by the testator on November 24, 1948, and testator died on November 16, 1949, leaving an estate of the approximate…