Anderson v. Davis

*484HALLEY, V. C. J.

(dissenting). I dissent from the majority opinion in this case. I do not believe that the decision reached is sustained by the record, but it is predicated on a factual situation shown by overwhelming evidence not to exist.

The last will of Arne N. Anderson was admitted to probate after a hearing in the county court of Kay county. In that court Charles E. Anderson filed a formal contest, but did not introduce evidence or urge the contest in any manner. He was not represented by counsel until later. On appeal the district court, after an extended hearing, with many witnesses…