Lake v. Hathaway

The opinion of the court was delivered by

Johnston, C. J.:

This was a suit to enjoin the delivery of a deed executed by Ethel Lake, as executrix of the estate of Joseph Hathaway, deceased, and to *392•set aside the orders of the probate court for the sale and confirmation of the sale of land in pursuance of which the deed was executed.

The proceeding was brought by the three, sons of the deceased, Mark, Orin, and Edward, and in their petition they alleged that their father died owning real estate in Iowa and Kansas, as well as some personal property. They set forth a will by which the real property…