LILLIE, J.
The present matters, one a civil proceeding and the other in probate, were consolidated for trial at pretrial conference because of evidence common to both causes; separate judgments were rendered for plaintiff and petitioner, June Gross. Pursuant to stipulation, they have reached this court on a single reporter's transcript and one set of briefs and will be disposed of in such consolidated form.
In each proceeding the same persons are the litigants...
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