Wood

Appellee filed for probate in the Commissioner’s Court, sitting as a probate court in Fairbanks, Alaska, an instrument in the form of a letter which was alleged to be the last will and testament of J.M. Pearl, deceased. The said letter, dated September 26, 1931, is in the handwriting of said deceased and is addressed to Paul Greimann. The portion of the letter material here reads as follows:

Appellant, Byron W. Wood, is a brother of decedent, J. M. Pearl. He has been appointed administrator of J. M. *500 Pearl’s Estate in the state of Oklahoma. Appellant objected to the probate of the instrument above referred to and his objection was sustained by the Probate Court on the ground that the bequest contained in said letter was conditioned upon an event which did not occur, namely, “death from an impending operation”. The District Court of Alaska took a different view and admitted to probate the said instrument as the last will and testament of decedent; hence, this appeal.

Evidence was introduced at the hearing before said District Court and appears in the transcript on appeal. While not presented in proper form it has been stipulated that we may consider it. This evidence…