McCormick v. Maddy

In my opinion the decision herein is not controlled by the rule announced in the case of In re Estate of Welch, 167 Kan. 97, 204 P. 2d 714, upon which the court relies. There the parties litigant were a daughter and a widow of the decedent. Both were actually heirs at law. That is, upon the death of the decedent, absent any marriage contract or will, the widow would be entitled by the law of intestate succession to one-half of the decedent’s estate subject to distribution, and the daughter would be entitled to the other one-half of the decedent’s estate by the law of intestate succession. The…