Culver v. Scott

The opinion of the court was delivered by

Harman, C.:

The sole question in this will probate proceeding is whether a litigant acquiesced in a judgment entered by a probate court so as to preclude his appeal to district court.

The facts are not in dispute for our purposes here. In October, 1947, Harold K. Buehler married Laura J. Culver. Each owned property at the time of their marriage and Laura had previously advanced sums of money to Harold. Laura had a son by a former marriage, Leroy M. Culver, appellant herein. On June 24, 1960, Harold and Laura executed a document pm-porting to be their…