In Re Estate of Cline

The opinion of the court was delivered by

Wedell, J.:

This appeal involves (1) the right of a daughter of her deceased father, J. R. Cline, to have a part of land devised to her exonerated from a mortgage and to have the amount thereof allowed as a claim against decedent’s estate; and (2) her right to royalties paid to the executor for gravel taken from such land during the administration of decedent’s estate, under a lease made by the testator.

The daughter, Anna Waber, filed an application in the probate court to obtain orders in her favor on the two matters above stated. The only other heirs,…