Sawyer

Appeal from an order granting letters testamentary.

The will of the decedent is olographic, hearing date June 11, 1896, and is as follows:

December 31, 1897, he made a codicil thereto in the following terms:

The original will and the codicil were found in the desk of the deceased, each inclosed in a separate sealed envelope, and on the back of the envelope inclosing the codicil was indorsed in the .handwriting-of the deceased,- “On my death to be delivered to Herbert Nelson Taylor.” The envelope inclosing the original will was addressed to Stephen L. Piper, a nephew of the deceased, who testified that the testator, about a year *47 and a half before his death, told him that he would find his will in his desk, and that he was to deliver it to the appellant.

After the death of the testator the appellant presented the will and codicil for probate, with a petition for letters testamentary, and a counter-petition was presented by Mr. Taylor. The petitions were heard together, and the court admitted the two instruments to probate as constituting the last will of the deceased, and granted letters testamentary thereon to Taylor and denied the appellant’s petition. From this order the…