McCann v. McCann

MABRY, Justice.

This appeal is from a judgment in a cause originating in the Probate Court, but forthwith removed to the District Court of Eddy county, adjudicating appellee to be the sole surviving heir at law of one John D. McCann and denying the claims of appellants, brothers and sisters of the deceased, as heirs, construing a contract between the parties and quieting title in defendant-appellee.

Shortly before the death of John D, Mc-Cann he and appellee had separated and were no longer living together as husband and wife. They had entered into a written contract settling their respective…