In Re Allen's Estate

The question in this case is whether appellee Andrew B. Allen was the common-law husband of Marie Wolfinger Allen who died in Des Moines, Polk County, Iowa, February 27, 1958. Upon Allen’s petition, as her widower, he was appointed administrator of her estate and appellee A. L. Wensel was appointed attorney. March 6, 1958, Mrs. Katherine Phillips Altman and Mrs. Charlotte Phillips Hirehak, nieces and heirs-at-law of decedent, made application for the removal of Allen as administrator and Wensel as attorney, on the ground Allen was not the surviving spouse of decedent. Trial to the court…