Application of Rattel

Mártin, J.

On December 31, 1940, a divorce was granted to Dolly Rattel, mother of said children and wife of appellant. The custody of the children, who at the time of the divorce were seven and five years of age, respectively, was awarded to the-mother. Dolly Rattel died February 19, 1942. She and her children were living at the home of her parents, the respondents herein, at the time of her death.

On March 17, 1942, appellant instituted habeas corpus proceedings before R. S. Cowie, judge of the circuit court for La Crosse county, who referred the matter to Otto- Schlabach, a court…