Bank of America National Trust & Savings Ass'n v. Allan

This is an appeal from a judgment of the probate court, made after a contest involving two separate wills of the decedent, George II. Allan, and by which judgment probate was denied both wills and the deceased was declared to have died intestate.

The decedent, George H. Allan, died April 1, 1934, leaving no lineal heirs. Surviving him, however, were his widow, Maud Marie Allan; his brother, Charles E. Allan; a nephew, William B. Ittner, Jr., and two nieces, Gladys Ittner Orr and Helen Ittner Lorber. Under date of January 8, 1930, the decedent made a will in due form and attested by two witnesses, under which his wife was appointed executrix, and under which specific bequests of $2,000 each were given to his brother and the two nieces; the wife being the only other beneficiary, and being bequeathed specific real property, which will, in effect, except for such bequests, either made Maud Allan the sole beneficiary under the estate, which was of considerable extent, or left the deceased intestate as to much of the estate. Upon the death of the decedent, the widow, Maud Allan, presented the will of January 8, 1930, for probate.

The decedent, however, had executed under date of…