Henderson v. Belden

The opinion of the court, was delivered by

Mason, J.:

This proceeding is brought to reverse a ruling sustaining a demurrer to a petition which is substantially one in ejectment. The plaintiffs claim title as devisees in a will duly probated in Maryland. The petition does not allege, however, that the will has ever been admitted to probate or record in this state. The Kansas act relating to wills contains these provisions :

“Authenticated copies of wills executed and proved according to the laws of any state or territory of the United States, relative to any property in this state, may be…