Hoover v. Hoover

The opinion of the court was delivered, by

Smith, J.:

This action originated as an application to probate a will. The will was admitted to probate and certain other proceedings were had. The widow of testator appealed to the district court from various orders of the probate court. She filed a new pleading in the district court which she entitled a statement of position or bill of particulars. The executor of deceased and certain devisees named in the will demurred to that pleading. This demurrer was overruled. They have appealed.

For the purpose of this opinion the facts are undisputed. They are…