Warnken v. Warnken

BAUGH, Justice.

Appeal*is from a judgment of the district court denying probate of an instrument offered as a holographic will of August Warn-ken, deceased, in a trial to that court on ap.peal from the order of the county court admitting the instrument to probate as a will. The district court held that the writing offered was testamentary in character, but that it had been revoked by a subsequent codicil to a former will which had already been duly probated when the instrument here involved was offered for that purpose.

There is no controversy over the facts which are as follows: On October 22,…