Matter of Estate of McClelland

This is an appeal from a district court judgment finding that the appellant, Genie Driver, was not the common law wife of the deceased, James M. McClelland, and therefore, had no interest in his estate.

James M. McClelland died on October 3,1972, and his mother filed a petition for letters of administration and was, on October 25, 1972, appointed as administratrix of deceased’s estate. On about February 1, 1973, appellant, who designates herself as Genie Driver McClelland, filed a petition to determine heir-ship and for letters of administration, requesting that the previous letters issued to…