Hensley v. Hilton
Indiana Supreme Court
From Owen Circuit Court; Robert W. Miers, Judge. Action by Elbert P. Hilton on a claim against the estate of William J.. Smith, deceased. From a judgment for plaintiff, the administrator, Theodore L. Hensley, appeals.
1Opinion of the CourtWilloughby, C. J.
The appellee, Elbert P. Hilton, filed a claim against the estate of William J. Smith, deceased. The substantial averments of the claim are as follows:
That said William J. Smith on or about the-day of-:— was married to one Fannie Hilton, who was a sister of John Hilton, the father of this claimant and that they lived together as husband and wife, without having any children bom to them, until March 26, 1912, when his wife, the said Fannie Smith, died childless; that the said William J. Smith also died childless on' April 2, 1912, each leaving neither father nor mother surviving.. That soon…
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