Fox v. Eaglin

The opinion of the court was delivered by

Dawson, J.:

This was an action to set aside the probate of a -will and to cancel and set ¿side a deed.

The plaintiff, Sarah E. Fox, was the mother of the deceased testatrix, who for the last twenty years of her life bore the name of Mabel E. Fox Eaglin and supposed herself to be the lawful wife of the defendant, J. W. Eaglin, who is the principal beneficiary of the will in controversy. Eaglin, however, for all those-years had a wife incarcerated in the state hospital for the insane at Osawatomie since 1905. Whether he knew that fact during most of the…