Kirkpatrick v. Estate of Kane

CARROLL, Justice.

Appellant Marion B. Kirkpatrick appeals from the trial court’s determination of heir-ship in the estate of Floyd F. Kane. That court concluded that appellant was entitled to half of Kane’s estate, while appellant contends that she is entitled to the entire estate. We agree with appellant and reverse and render judgment in her favor.

BACKGROUND

The parties agree on the facts. Floyd Kane died intestate on January 1, 1985. Appellant Kirkpatrick is his first cousin. (Kirkpatrick’s father was Kane’s mother’s brother.) The trial court found that appellant was Kane’s only known living…