Allison v. Bradley

SWANSTROM, Judge.

Thelma Allison petitioned the magistrate’s division of the district court for formal probate of the holographic will of her sister, Orpha Bradley. The magistrate, after a hearing, ordered the will to be probated and the specific devises to be distributed in accordance with the provisions of the will. The remainder of the estate was to be distributed according to the laws of intestate succession to Orpha’s husband, John. John appealed to the district court. The district court, acting in its appellate capacity, reversed the magistrate’s decision, holding that certain deletions…