In Re Estate of Brown

The opinion of the court was delivered by.

Smith, J.:

This appeal involves a final settlement of an estate. From the order of final distribution made by the probate court an appeal was taken. The district court held that one-half of the estate of decedent escheated to the state on account of the failure of heirs. The heirs at law have appealed.

There is no dispute about the facts. The decedent, John B. Brown, came to this country from England with his mother Naomi shortly after 1867. Naomi’s husband and his only brother had died in the sei’vice of their country sometime before her arrival in…