In Re Estate of O'Leary

The opinion of the court was delivered by

Robb, J.:

An original proceeding commenced in the probate court was transferred to the district court and this is an appeal from an order of that court which overruled a demurrer to a petition seeking the admission of a will to probate.

Appellee, a nineteen year old minor, through his father as natural guardian and next friend, filed a petition as a beneficiary, requesting admission of the will of Thomas O’Leary, (herein referred to as Thomas) to probate. A brief summarization of the petition will suffice. Thomas died in Decatur county on August 19,…