Bohling v. BohlingAnnotate this Case
In this will contest, the Supreme Court reversed the district court's decision granting summary judgment determining that the decedent's will was valid, holding that where the bill of exceptions did not contain the proponent's evidence there was no evidence to support the summary judgment for the proponent.
After Appellee filed an application for informal probate in county court Appellant filed an objection. The matter was transferred to district court, which entered summary judgment determining that the decedent left a valid will. Appellant appealed. The bill of exceptions, however, contained only Appellant's evidence, and Appellee's evidence did not appear in the bill. The Supreme Court reversed and remanded the matter, holding that because Appellee did not produce her evidence in a manner so as to be included in a bill of exceptions she effectively failed to make a prima facie case.