Estate of Iburg

John Iburg made a will in 1921, leaving all his property to his friend, John Carlson, and appointing him his executor. Thereafter, in 1924, he made a holographic will, leaving all his property to his sister, Henrietta Wollesen. The latter instrument contained no words of revocation and did not appoint an executor. Upon Iburg’s death, shortly after making the second will, each of the documents was offered for probate as his last will and testament. Henrietta Wollesen objected to the admission to probate of the will made in 1921 upon the ground that the same had been entirely revoked by the holographic will made in 1924. The court below admitted both documents to probate as the last will and testament of Iburg, and appointed Carlson executor thereof. Henrietta Wollesen appealed from that portion of the order admitting the will of 1921 to probate and appointing John Carlson as executor, and refusing to appoint her administratrix with the will annexed of the will of 1924. Both wills were duly executed, and the only question involved in the controversy is, Did the will executed in 1924 completely and entirely revoke the one made in 1921?

In interpreting a will subject to the law of…