McDonald v. Yates

*436The opinion of the court was delivered by

Thiele, J.:

This is an appeal from a judgment of the district court, holding that a purported last will and testament was not entitled to probate.

The purported will was made by Elizabeth Mead on October 4, 1948. Under its terms she devised to her niece, Elizabeth Carter, a tract of real estate in Paola, Kansas, and bequeathed and devised to John I. McDonald and Letha McDonald, husband and wife, all of her other property. John I. McDonald was named as executor.

On December 17, 1948, John I. McDonald filed his petition in the probate court for the…