In Re Estate Of Rowzee J. Bower

WASTE, C.J. This is an appeal from an order admitting a document to probate as the last will and testament of the decedent and appointing respondent administratrix with the will annexed. The document bears date of ,arch 4, 1932, and purports to devise the decedent's entire estate to respondent, a stranger to the blood. It was admitted to probate as an holographic will, the court below finding that it was "entirely written, dated and signed by the hand of the said decedent". The contestant and appellant is a brother of the decedent who has contended at all times that the document is invalid as an holographic will because not entirely in the handwriting of the decedent. He claims as an heir at law and as a devisee under an earlier testamentary effort by the terms of which the decedent undertook to dispose of his estate in equal shares to his sister and two brothers. This earlier document was likewise found by the court below to be entirely written, dated and signed by the decedent but was denied probate because of the existence of the later and inconsistent document which, as stated, was found to be validly executed.