Deur v. Kellogg

— Involved here is a question of heirship requiring a consideration of sections 636.32, 636.39, 636.40 and 636.41, Iowa Code, 1950.

George' A. Kellogg died intestate and without issue, leaving: his widow, defendant Margaret W. Kellogg; a half sister, plaintiff, Fannié Kellogg Deur; and the three heirs of Elizabeth Kellogg, a former wife who died “in lawful wedlock.” The last mentioned three are named in the record as Helen Noyes Lundstrum, Robert Noyes and ................ Noyes (Christian name unknown).

Decedent’s father was L. M. Kellogg (also father of plaintiff by an earlier marriage) and…