In Matter of Fowler

The cause was heard by this court on June 19, 1925. Petitioner testified in his own behalf, subject to objections of opposing counsel. Opposing counsel in behalf of the sheriff offered three affidavits, which were received, subject to an objection as to their competency, as evidence. They also offered certified copies of records of the Probate Court of Jackson County, relative to the estate of Leavenworth Fowler. The purport of the evidence will be outlined in the course of the opinion. We set out the petition for our writ in full because of material admissions therein. The petition is as…