In re Proving the Last Will & Testament of Johnson

DeveNboee, S.

— The petition, as presented and filed herein, alleges that the deceased made and executed a certain instrument in writing, bearing date June 22, 1897, as, and for her last will and testament, and that the same by its terms relates to both real and personal property. Probate of such instru*514ment is asked by tbe petitioners wbo are two of tbe executors named.

No mention is made of tbe codicil. Upon tbe return of tbe citation, issued herein, tbe contestant, one of tbe next of kin, filed objections to probate, claiming that there was a codicil to said will, and that proof and probate…