In Re Estate of Charowhas

The opinion of the court was delivered by

Robb, J.:

This is an appeal from a judgment of the district court affirming, on appeal from the probate court, a journal entry of final settlement in the estate of a deceased testator. Defendant prevailed and plaintiff appeals.

It is conceded that only oné question is involved herein and we will not burden the opinion with the preliminary matters relating tq. the journal entry of final settlement which ultimately assigned the ;reál; and personal property of which testator died seized to appellee, who was testator’s sole legatee, devisee and beneficiary *323un…