Estate of Smith

On May 15, 1933, Mrs. Nettie Frishholz Barnes made her will bequeathing her entire estate to certain nieces and nephews. In March, 1934, she became engaged to marry Gus R. Smith, the respondent herein, and remained engaged to him until their marriage on February 24, 1935. On January 8, 1935, Mrs. Barnes conveyed to respondent certain real estate. The granting clause of the deed is as follows:

Eight days after her marriage to respondent Mrs. Smith died. The will above referred to, in which respondent was not mentioned, was offered for probate by the appellant, Ralph P. Hefner, who was named as executor therein. The probate was contested by respondent on the grounds that he was not named in, or provided for by said will, and that no provision had been made for him by marriage contract. Upon the hearing of the contest, the will and deed above referred to were received in evidence. Appellant made an offer of proof by parol evidence to show the state of Mrs. Smith’s health before and at the time of her marriage, and the sequence of events from her marriage to her death. As Mrs. Smith’s competency was not an issue, this offer was properly refused.

The will was admitted to probate.…