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Jacob executed his last will and testament and made a devise to Catharine of 40 acres. A few weeks later, Jacob sent for the executor of his will and informed him that he wanted to alter the will and leave the 40 acres to Christina. The executor canceled the name Catharine by drawing a line through it and then writing in the name Christina. Catharine's name was still clearly legible. The will was admitted to probate. The effect of the alteration came under dispute. The lower court gave the land to Catharine. This appeal resulted.

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