Brown v. Smith

Paul Ward, Justice.

The issues presented here concern primarily the heirship to certain real property. There is little, if any, dispute over the pertinent facts involved.

Joe Mercer Bennett died in 1963 intestate and without issue. We may hereafter refer to him as the “deceased”. His father, J. A. Bennett, died in 19o7 and his mother, Eula Mercer Bennett, died in 1940. Mr. and Mrs. J. A. Bennett had no offspring except the deceased.

When the deceased passed away he left several parcels of real estate and considerable personal property— the personal property not being involved on this appeal.

For…