Byars v. Dix

The Qpinion of the court was delivered by

Thiele, J.:

The primary question for consideration in this appeal is the power and jurisdiction of the probate court to annul a marriage.

In a preliminary way, it may be said that under date of March 25, 1932, Ella Arnold executed her last will and testament in which she designated herself as of Stroud, Okla. By the will she gave certain legacies to named relatives and the residue of her estate to her grandniece, Billy Smith, whom she appointed as sole executrix. Thereafter Ella Arnold became a resident of Wichita, Kan. In September, 1942, she was…