Westerfelt v. Smith

This cause is submitted upon a stipulation of. facts, from which it appears that the testator, J. F. McGill, was twice married. He had a son by his first wife, named Eldon McGill. The testator and said wife were divorced, ¿nd the wife retained the care and custody of said child. She married one Westerfelt, and the said child was known thereafter as Eldon Westerfelt. The said son later married, and became the father of the appellant. The father died, leaving the appellant as his only surviving heir at law. The testator, J. F. McGill, remarried, and his wife predeceased him. At the time of his…