Smith v. Ketelsen

This is an action for declaratory judgment. It is filed by five parties, claiming to be the heirs-at-law of Marie Smith who died in Chicago on March 1, 1962. An estate was opened for her in Scott County. Defendants filed motion to dismiss on the theory the proceedings should be filed in probate, and not in an independent declaratory-judgment action. Trial court sustained the motion to dismiss. Plaintiffs have appealed.

I. When Marie Smith was an infant her mother died and she was placed by her father with defendant Eva Fuqua, a great-aunt of Marie’s. From then on Eva took care of her until she…