St. Mary's Orphan Asylum v. Masterson

JAMES, Chief Justice.

This appeal is from a judgment of the District Court refusing to probate a will, or wills, as the will of Jno. W. Harris.

The following facts were undisputed: John W. Harris died in April, 1887, leaving his wife, Annie P. Harris, and his children, John W. Harris, Jr., Rebecca P. Harris, Lillie B. Harris, Cora L. Harris, and also an adopted child, Annie W. Dallam, who was a child of Mrs. Annie P. Harris by a former marriage.

Annie W. Dallam, who became the wife of Branch T. Masterson, died in 1900. Rebecca died, single and intestate, in 1900. Lillie married Walter Fisher in…