In Re Estate of Marttinen

The appeal is from an order denying appellant’s motion for a new trial.

This litigation springs from a tragedy which occurred at a farm home near Virginia, in St. Louis county, when the husband shot his wife and, after a short interval, turned the gun against himself, inflicting a mortal wound. A special administrator was appointed for the estate of the wife, and a general administrator for the estate of the husband. The special administrator petitioned the probate court to have the homestead and the widow’s allowance from the husband’s estate set off on the theory that the husband died first.…