Sherk, Administratrix v. Sherk

The opinion of the court was delivered by

Hall, J.:

This is an appeal from an order of the district court overruling the motion to strike from the files a petition filed in probate court.

On or about the second day of February, 1955, Opal E. Sherk, appellant and cross-appellee herein, filed her petition in the probate court of Wyandotte County, Kansas, alleging that John Sherk died intestate as a resident of Wyandotte County, that she was his sur viving spouse and sole heir at law and that she be appointed administratrix of his estate. She was duly appointed.

On the 5th day of April, 1955, Wayne…