Holmes v. Conway

The opinion of the court was delivered by

Hopkins, J.:

This controversy chiefly presents the question whether an administrator may maintain an action in the district court to determine who are the heirs of a decedent when administration of the estate is pending in the probate court. A demurrer to the-administrator’s petition was sustained, and he appeals.

The facts were substantially as follows: Thomas Conway died intestate in April, 1928. He had never been married and, so far as was known at the time of his death, had no heirs. He left an estate valued at approximately $70,000, consisting…