Hewitt v. Hewitt

RUDKIN, Circuit Judge.

This was a suit by one of the heirs of David H. Hewitt, deceased, against the remaining heirs and the distributees of his estate. The relief sought was a decree declaring the defendants trustees of the plaintiff for an undivided one-third interest in the estate, for appropriate conveyanees, and for an accounting. Erom a decree in favor of the defendants, the plaintiff has appealed.

The uncontroverted facts are substantially as follows:

The appellant was adopted by Hewitt on December 20, 1872, in the probate court of Bourbon county, Kan., and by such adoption was declared…