In Re Allen's Estate

This appeal has developed by reason of a claim filed in the estate of James M. Allen, deceased, by George Hamner. It was therein asserted Allen had agreed he would will certain property to the cláimant conditioned on the furnishing of care to the decedent. The executrix of the estate filed a denial to the claim on several grounds. Subsequent to the filing of the denial she filed a motion for separate adjudication of law points. Rule 105, R. C. P. The trial court in its ruling held there was a lack of jurisdiction of the court over the necessary parties and over the subject matter of the claim…