ACHOR, J.
This was an action filed by the appellant to resist the probate and contest the purported will of John L. Grave, deceased. The will was executed April 16, 1941, when John L. Grave was a married man. His then wife died, leaving no children and afterwards the said John L. Grave married this appellant, with whom he lived at the time of his death.
Item 3 of the said will provided "In the event that my said wife, Ila L. Grave, shall not survive me, then...
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