Roach v. Roach

CARLILE, Justice.

The plaintiffs in error herein have elected to proceed upon the original record, which has not been transmitted to this court, as provided by Title 12, §§ 956 to 956.10, inclusive, and our reference herein to the pleadings and evidence is taken from an abstract or statement of the record as set forth in the briefs of the parties.

In November, 1954, Wilfred D. Roach, surviving husband of Agnes Roach, who died testate in Osage County, and whose estate was being probated therein, instituted this action in the District Court of Osage County against Melvin Roach, a son of the…