Garinger v. Horton

The opinion of the court was delivered by

Allen, J.:

This is an appeal from an order of the district court reversing an order of the probate court of April 11, 1940, refusing to probate the will of the late G. L. Horton.

The trial court found that G. L. Horton died on February 2, 1940, at the age of ninety-seven years, being at the time of his death a *270resident of Wabaunsee county. He had been twice married, his first wife having died about 1871. The contestant, Adella Hamar, and the proponent, Orinda Garinger, were the only children of the first marriage. Mrs. Garinger was about two months old…