State ex rel. Heffner v. Judge of First Judicial District

The opinion of the court was delivered by

Blanchard, J.

William Heffner died and left an estate. There were no forced heirs. What purported to be an olographic will was admitted to probate. It devised the estate to certain collateral heirs, to-wit: James Heffner and his children. James Heffner, the brother of the dead man, was named as executor without bond. He was not given the seizin. He qualified and in his capacity as executor was put in possession of the property. Other collateral heirs of the same *553degree of kindred (now relators herein) brought suit to annul the will for non-eompliance…