Callahan v. Stover Et Al‪.‬

The appeal is from a judgment of the district court of the 58th Judicial District, Jefferson County, rendered on a jurys verdict, denying probate to a will of A. H. Callahan, deceased. Appellant, Mrs. A. H. Callahan, who will be referred to as proponent, is the widow of the decedent, and is named in the will as independent executrix. Appellees, Mrs. Eloise Stover and her husband, R. J. Stover, will be referred to as contestants. Mrs. Stover is a daughter of the decedent by a marriage that preceded decedents marriage to the proponent. The only ground on which proponents application for probate and for letters testamentary was contested was that the tendered will had been revoked by a later written will which contestants were unable to produce in court. The issue of revocation was submitted to the jury, and was answered favorably to the contestants.