Hill v. Kennedy

The opinion of the court was delivered by

Burch, J.:

The' appeal is from the decision of the district court in an action the chief purpose of which was to determine whéth’er the will of a testatrix which the probate court had admitted to probate had been revoked by a subsequent will which had been destroyed. Title to and right to possession of real estate depended on the decision. ..

George: W. Kennedy died leaving- a will containing, among others, the following provision: . ■

“To my-wife, Melinda R. Kennedy, to her and her heirs forever, I give, devise and bequeath the following-described…