Wherry v. Wherry

Ed. F. McFaddin, Associate Justice.

This is an appeal by Mary Wherry from a judgment of the Probate Court of Drew County, finding and declaring Sarah Wherry — rather than Mary Wherry — to be the lawful surviving widow" of William Wherry, -who died on June 5, 1961.

The appeal must fail since appellant did not bring to this Court within due time any of the evidence heard by the Trial Court. The following are the factual dates:(a) The judgment of the Probate Court was filed May 12, 1964.(b) The notice of appeal was filed June 1, 1964.(c) The order extending the time for filing the appeal in the…