First Colored Baptist Church v. Caldwell

The opinion of the court was delivered by

Smith, J.:

One of these actions is an appeal from an order overruling a motion to reopen a final settlement in the probate court. The other is an action for a declaratory judgment determining title to real estate.

The facts are brief. Mollie Taylor Jones died and her will was admitted to probate. Christopher Columbus Caldwell was her only heir at law. The will devised the real estate in question to a life *582tenant with remainder to The Second Baptist Church of Junction City. When the executor filed his final report his petition for a discharge included a…