In re Estate of Schippel

The opinion of the court was delivered by This is an action in the nature of a will contest, and the questions for determination concern the validity of the last will and testament of John E. Schippel, dated July 10, 1939, and the validity of a document dated February 21, 1941, as an antenuptial contract and codicil to the will. The proponent of both instruments is one Jennerson, the principal beneficiary under the will, while the contestant is the surviving widow of the testator. After a full hearing the probate court admitted to probate the instrument of July 10, 1939, as and for the last will and testament of the testator, together with the instrument dated February 21, 1941, as and for a codicil and amendment to said will. An appeal was taken to the district court where the matter was heard on the transcript of evidence and the files introduced in the probate court. The district court made extensive conclusions of fact and conclusions of law in which the findings and orders of the probate court were upheld, following which the widow perfected her appeal to this court. Error by the district court in its conclusions of fact and law is alleged in many respects, but, as heretofore stated, the only issues before us concern the validity of the two instruments in question.