Kortz v. American National Bank of Cheyenne

ROSE, Justice.

This appeal concerns the timeliness of an objection to the probate of a will and the interpretation of that will in an action for declaratory judgment. We will affirm the court’s judgment holding appellant’s objection to probate to be untimely, but will reverse the court’s construction of the will’s distributive provisions.

On August 4, 1976, appellee, as administrator with the will annexed of the estate of Lillian B. Butler, filed a complaint asserting an ambiguity in the distributive provisions of the Ted S. Johnson will and seeking a declaratory judgment thereon. Ted S.…