Rohde

This is an appeal from an order admitting will to probate and from that portion of the order denying probate to language found on an envelope, a copy of which was attached to the petition for probate of will.

Josephine M. Olson died February 12, 1961, leaving an estate valued at approximately $369,000. This consisted of cash $99,000 and 3,500 shares of common stock in the Simonds Saw and Steel Company of the approximate value of $270,000. Upon opening her safe deposit box, there were found three pages of a typewritten will (pp. 1, 4, 5), signed and witnessed bearing date June 25,1954, and a holographic will, written on both sides of one piece of paper and bearing date December 15,1958. Both of the foregoing were contained in an envelope which had the following typewritten upon its face:1 ‘ Copy of: Last Will and Testament of Josephine Marie Olson.” The face and back of the envelope both contained handwriting which according to the evidence presented upon the hearing of the petition for probate of will, was that of the deceased.

The three pages of the typewritten will, the holographic will and the envelope were filed with the county clerk for safe keeping and photostatic copies…