Dunphy v. St. Mary's Hospital

This action was brought by the alleged heirs of Patrick Dunphy, deceased, to rescind an order admitting a purported will to probate; to have the will declared null and void, and for a finding that deceased died_ intestate, leaving petitioners as his only heirs at law. Upon motion of respondents, in the nature of a demurrer, the petition was dismissed, and the only question presented here involves this action of the court.

1. Petitioners allege that they 'are non-residents of Colorado, and the only heirs at law of Patrick Dunphy, deceased ; that he departed this life June 4, 1909, at Pueblo,…