In re the Appeal of Day

The opinion of the court was delivered by

Hutchison, J.:

This is a companion case to the case of Weichold v. Day, ante, p. 432, 61 P. 2d 1328, just decided.

In that case the ruling was upon the demurrer to the evidence offered by the defendant petitioners in support of their petition for a new trial under R. S. 60-3007 in showing the existence of an earlier will which had been admitted to probate after the subsequent will had been held invalid. The trial court sustained a demurrer to the evidence offered, which left the findings and judgment of intestacy and partition stand and gave no effect to…