Anderson v. Rosebrook

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a, judgment determining the title to property on final settlement of an estate.

The facts giving rise to this controversy and necessary to a proper understanding of the issues can be stated thus:

Charles Anderson and Clara M. Anderson, his wife, were residents of Lincoln county. On December 22, 1911, both made wills drawn by the same person and witnessed by the same witnesses. On that *513date Mr. Anderson held title in his name and was the owner of the farm home consisting of 240 acres and an additional tract of 140 acres…