Dillavou v. Dillavou

On the original submission of this case, an opinion was handed down discussing the appeal upon its merits, and reversing the judgment of the trial court. See Dillavou v. Dillavou, 104 N. W. 432. In that opinion we overruled the objection of the appellees to the jurisdiction of this court; but, it afterward appearing that this ruling was based on a misapprehension of the record, a rehearing was granted upon the petition of the appellee. The situation in respect to the appeal is this. James Dillavou. died testate, leaving a widow and ten children, all of whom were made beneficiaries under the…