Bair v. Bair

McQUADE, Justice.

The opinion of this court filed herein December 31, 1965, is withdrawn and this opinion is substituted therefor.

This petition was filed in the Probate Court of Bonner County by the brothers and sisters of the deceased, Samuel Wayne Bair, for the purpose' of having themselves declared his heirs at law. The basis of their challenge was the allegation that Kathryn Margaret Bair, referred to herein as Kathryn, was not the lawful wife of Bair at the time of his death by reason of the fact that she was still legally married to one George Treece because a divorce she previously had…