Novotny
Novotny v. Wade
Opinion
Lead Opinion
Dooling, J.
Juanita S. Novotny and Paul G. Stolle appeal from an order appointing Phyllis D. Wade (hereafter called Phyllis) administratrix with the will annexed of the estate of Harriet Stolle Wade (hereafter called Harriet).
Harriet died testate on October 21, 1955. Her will making her surviving husband, John H. Wade (hereafter called John), sole beneficiary was admitted to probate on November 30, 1955, with John as executor.
John married Phyllis on October 15, 1956, and on June 25, 1957, these two executed a joint will. John died two days later, leaving Harriet’s estate still in course of probate. The joint will of John and Phyllis was admitted to probate on August 6, 1957, the court appointing Phyllis and M. Mignon Blood, an employee of John, as coexecutrices. This will after making two bequests of $1,000 each left the residue of the estate of Phyllis. Juanita S. Novotny, the daughter of a deceased brother of Harriet, and Paul G. Stolle, Harriet’s brother (appellants herein), filed a contest of this joint will in which they alleged the existence of a previous will of John’s in which he had bequeathed to each of them $10,000.