Brown

*314 Opinion

Basically this appeal is from that portion of a judgment denying admission to probate of three pages written in longhand by the decedent. In the interest of brevity and clarity these pages will be referred to as “the codicil.”

The respondents filed a contest in which they objected to the admission of the codicil to probate. They took the position that the will of July 31, 1961, alone, should be admitted. Ann Wagner, appellant herein and a respondent in the will contest, answered, alleging the validity of the codicil and praying its admission to probate.

The contest filed by the respondents objected to admission of the codicil on four separate grounds. However, the thrust of respondents’ evidence was that the codicil lacked testamentary intent. Appellant, Ann Wagner, offered no evidence, relying on the codicil and the will, both of which were introduced in evidence by the contestants.

The court ruled that (1) the codicil was entirely written, dated and signed by the decedent, and (2) the sole question was whether it was executed with testamentary intent. The findings, conclusions and judgment were in accordance with the court’s decision, and were limited to finding…