Estate of Spalding

This case comes before us upon a stipulated record. The trial court decreed that the codicil of April 12, . 1921, was inoperative and of no effect, and ordered the issuance of letters testamentary to Union Trust Company and respondent Chapman, which was according to the direction of the testatrix, as stated in the will. The codicil was dated the same day as the will. It is admitted that it was holographic, and that it provided as follows: “I hereby make this codicil to my last will and testament April 12th, 1921. In consequence of the death of M. C. Chapman named as Executor and Trustee under said will, I hereby nominate, appoint and substitute John R. Montgomery in his Place and Stead as such Executor and Trustee, with the same power and authority by me conferred in my said Will upon M. C. Chapman as such Executor and Trustee and likewise without bonds.” “Elizabeth Churchill Spalding.”

The parties stipulated that upon the hearing for probate of the will and codicils the trial court took no evidence, and that none was offered, in support of the finding that the codicil above quoted was inoperative and of no effect, except to show that Chapman was alive at the time the first…