In Re Hesse's Estate

This appeal arises out of the judicial interpretation of the provisions of the will of Catherine Hesse, deceased. The admission of the will to probate, i.e. "the factum of the instrument", was affirmed by this court In re Hesse's Estate, (McNutt v. Gercke),62 Ariz. 273, 157 P.2d 347. We then carefully refrained from expressing any opinion as to the "validity of any of the bequests or charitable trusts set forth in the will", for the reason that such matters were not properly before us.

Thereafter the lower court proceeded with the essential steps of administration. The appellants, who are next…