In Re Estate of Roberts

BAILEY, Judge:

This is an appeal from a judgment of the trial court denying to probate in Oklahoma a holographic will executed in Kansas.

Marie Roberts was a resident of Morton, Kansas on September 9, 1970, the date of her death. She left real property within the State of Kansas and only personal property within this State. By holographic will dated August 9, 1970 decedent left all of her property to Beatrice Roberts, the wife of decedent’s step-son. Beatrice Rob*496erts filed a petition for the probate of the will in the District Court of Morton County, Kansas which was dismissed with prejudice by…