Lady v. Ketchum

*615The opinion of the court was delivered by

Price J.:

This is an action to recover for the alleged wrongful death of Gerald Lady which occurred on February 1, 1957, as the result of a highway collision.

Defendants appeal from orders overruling their demurrer to the original petition and their motion for judgment on the pleadings and record.

The action was commenced on January 27, 1959, by Auline Lady, widow of deceased, and her petition alleged there had been no probate of the estate of decedent; that more than one year had expired since his death, and that the action was brought for the exclusive…