McFadden v. McFadden

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order overruling two motions directed against a judgment admitting a lost or destroyed will to probate.

Mrs. B. B. McFadden, a resident of Pratt county, died in July, 1922. She was survived by her husband and seven children as her only heirs-at-law. So far as the record discloses all of the children were of full age. No administration on her estate as an intestate was had.

In 1931 one of her sons, James (appellee here), filed a petition in the probate court to admit her lost or destroyed will to probate. It alleged the…