Darmstatter v. Hesse

* Mr. Chief Justice Bristow

delivered the opinion of the court:

The probate court of St. Clair County refused to admit to probate a codicil executed by the testatrix, Lena Lortz, and submitted by her nephew, Elias W. Darmstatter, herein referred to as plaintiff. That judgment was affirmed by the Appellate Court, and we granted plaintiff leave to appeal.

The issue before this court is the propriety of the probate court’s rejection of the codicil on the ground that it was barred by a prior irrevocable joint will executed by testatrix and her now deceased husband.

From the record it appears that…