Hellings
Hellings v. Heydenfeldt
Opinion
Lead Opinion
McFarland, J.
This action was brought by the plaintiffs, who are children and heirs at law of Solomon Heydenfeldt, deceased, against the defendant, who is the surviving wife of said deceased, to recover various amounts of money alleged to be due plaintiffs by defendant upon a certain alleged written contract made by and between said parties. A demurrer, general and special, to the complaint was overruled; and, after answer and trial, the court made findings and rendered judgment in favor of defendant. Plaintiffs appeal from the judgment and from an order denying a new trial.
The main facts are these: The deceased, Solomon Heydenfeldt, left a will in which, after declaring that he had made provision for his children, he gave nearly all his property to the defendant herein for her life, providing, however, that she might dispose of the personal property during her life, and might by will distribute the real property among the children in such proportions as she might choose. The will was duly probated and letters issued to the executors named therein. Afterwards the plaintiffs herein filed in the probate court petitions for the revocation of the probate of said will, in which, among other…