Estate of Ross

The proceeding is a will contest. Charles A. Ross and Leah Ross were husband and wife for many years. They owned farm property near Biggs on which he resided and she conducted a restaurant in the town of Biggs.

Mrs. Ross instituted an action against her husband for divorce February 26, 1931, and the summons was served March 2, 1931. The testimony also showed that their troubles arose from the fact that Ross was a heavy periodic drinker of intoxicating liquor and when he was under the influence of liquor he abused her. March 9, 1931, they had a conference at the restaurant in Biggs over their affairs, after which he went out to the farm. March 10, 1931, she received through the mail two sheets of paper inclosed in an envelope bearing the postmark of March 9th, on which sheets was written in lead pencil:

She did go to see him, but continued the prosecution of the divorce action, resulting in an interlocutory decree rendered April 13, 1931, after default of defendant.

June 19, 1931, Ross died and Mrs. Ross presented the above two sheets of paper to the court asking its admission to probate as the holographic will of the deceased.

A contest was filed by the brothers and sister of…