In Re Estate of Kirschstein

Only by ignoring the controlling and incontestable facts upon which decision must rest does the opinion of the court have plausibility. Because no evidence has been returned to us as part of the record, we are obliged to accept as conclusive the findings of fact made by the district court upon appeal from the probate court. None of these findings adopts the allegations contained in paragraph 4 of appellant's pleadings. The matter therein contained was emphatically denied by respondent. Consequently, this court ought not to use it in any manner to support the decision.

Briefly summarized, the…