In Re Richter's Will

SADLER, Justice.

This cause is before us upon a motion to dismiss the appeal. A statement of some of the facts involved is essential to a clear understanding of the points relied upon in support of the motion.

August Richter died at Gallup, New Mexico, on April 8, 1936. In due course thereafter two separate appeals, involving two different instruments each purporting to be the last will and testament of the decedent, were pending at the same time in the district court of McKinley County. One instrument, hereinafter called the Elks’ will, was dated January 26, 1933, and the other instrument,…