In Re Apostolopoulos' Estate

This is an appeal by the state of Utah from a judgment of the district court of Weber county denying the state's claim to the residue of the estate of one Marienios Apostolopoulos, late of Weber county, deceased. The state's claim to the estate is based upon the constitutional and statutory provisions of this state, to which reference will hereinafter be made.

The facts disclosed by the record, and as stipulated by the parties to this proceeding, briefly stated are:

That Marienios Apostolopoulos, hereinafter called the deceased, died intestate in Weber county, Utah, on the 18th day of October,…