In Re Iversen's Will

This appeal brings the question here for the first time whether under our statutes a subsequent contract to sell land to the same persons named as devisees thereof in a previous will, is a revocation of the devise. We hold it does not revoke the devise and affirm the trial court.

By his will Ole Iversen, who died June 17, 1953, left a half interest in his real estate to his wife, Emma, and the other half to his two sons, Dale and George Iversen. While his estate was in probate on December 29, 1953, Emma Iversen executed a will in which she stated "I Will, Devise and Bequeath in equal shares,…