Harvey v. Harvey

The opinion of the court was delivered by

Prager, J.:

This is an action for a declaratory judgment in which the plaintiff-appellant, Verl Harvey, seeks to have certain portions of his mother’s will declared to be invalid. The facts have been *473stipulated and essentially are as follows: Lulu Harvey, the testatrix, died on August 4, 1956. She was survived by five children and fifteen grandchildren. Since her death several additional grandchildren have been bom. Lulu Harvey’s will was admitted to probate in the probate court of Trego county on September 14,1956. A judgment of final settlement was…