Olmsted

This is an appeal from the judgment and decree of the superior court refusing probate to an instrument offered as the last will and testament of Marcus L. Olmsted, deceased. C. A. Buss is the proponent of the will, and he, with Martha Buss, Solon C. Buss, Ella M. Stockton, and others, stand as defendants to the contest. The contestants, occupying the position of plaintiffs in this proceeding, are the brothers and sister of the deceased. By the evidence it was disclosed without conflict that the document offered for probate was duly' exe *227 cuted by Marcus L. Olmsted as his will upon May 31, 1893. At that time his attorney indorsed on an envelope the words, “Last will and testament of Marcus L. Olmsted, May 31, 1893,” and delivered it to Olmsted, with the will inclosed, and with no other writing thereon. Olmsted died upon January 15, 1895. At the time of his death, and for a year immediately preceding it, he resided with Mrs. Martha Buss, who kept house for him, and who is one of the defendants seeking the admission of the instrument to probate. She is likewise the mother of the proponent, C. A. Buss, and of the codefendant, Solon C. Buss. Upon Sunday, January 19, 1896, after the…