Kelly v. Kelly's Ex'r

Opinion op the Court by

Judge Rees

Reversing.

Charles J. Kelly died testate July 8, 1943, a resident of Pendleton county. Besides his widow, Agnes Kelly, he left five children by a former marriage and several grandchildren who were the children of a deceased daughter. He married Agnes Kelly in 1936, and there were no children by this marriage. All of the children and grandchildren who were his heirs at law were more than 21 years of age when the testator died. The children and grandchildren of the testator brought an action in the Pendleton circuit court against Agnes Kelly to settle the estate…