125 N.W. 555 | N.D. | 1910
This is an appeal from the judgment of the district court of Barnes county, and is here fpr trial de novo of the entire case under the provisions of section 7229, Rev. Codes 1905.
The chief contention between the parties is one of law, and involves the interesting question as to whether parol testimony is admissible to prove that a child not mentioned in a will-was intentionally omitted by the testatrix. - A determination of this question necessitates a construction of the provisions of- section 5H9, Rev. Codes 1905, which provides: “When any testator omits to provide
The district court is directed to set aside its order and judgment, and to direct the county court to reverse its decision, and to enter a judgment vesting the entire estate in appellant, William Schultz.