Estate of Stierlen

Motion to dismiss appeal. This is a contest for the probate of a document purporting to be the last will and testament of George P. Stierlen, deceased. The executrix and sole devisee named in said document, Rosa Scott, filed a petition asking for the probate thereof as the last will and testament of said deceased. The contestant, Emma Stierlen, the surviving wife of said deceased, filed a contest thereto. In her written contest, which she filed after a voluntary dismissal by her of a prior contest to said will, said contestant set forth in five separate counts five distinct grounds wherein she asserted the invalidity of said document: 1, failure of execution; 2, unsoundness of mind; 3, undue influence; 4, actual fraud; 5, constructive fraud. The proponent of said will filed a motion to strike out the first count of said contest and a demurrer to the remaining four counts thereof. The court granted said motion and sustained said demurrer without leave to amend. A written order signed by the trial judge was made and filed striking out said count one. A written order was also signed and filed sustaining said demurrer without leave to amend and judgment was entered that the contestant…