Uddyback v. Johnson

Shulman, Judge.

Appellant-Uddyback, claiming to be the widow and sole heir of one Elbert Sirmans, petitioned the probate court for an order to declare no administration necessary. Appellee-Johnson, also claiming to be Sirmans’ lawful widow, filed a caveat to plaintiffs petition, alleging that plaintiff had entered into a subsequent marriage during the lifetime of the deceased. The caveat was sustained, and plaintiff appealed to the superior court. From a jury verdict in favor of defendant, plaintiff takes this appeal.

Submitted January 8, 1979 — Decided April 4, 1979 — Rehearing denied May 3,…