In Re Witham's Estate

This case is here on appeal from a decree or order of the circuit court for Benton county rejecting the claim of the contestant, George E. Witham, that the last will and testament of Elvin Witham, deceased, should be construed as incorporating in the said will by reference a deed executed, but not delivered, by the decedent, wherein George E. Witham is named as the grantee.

Elvin Witham died testate January 26, 1935, and on February 6 of that year his last will was admitted to probate in common form, and Martha B. Witham, widow of the decedent, was appointed executrix. The last will of the…