Matter of Estate of Johnson

DAVISON, Justice:

This ease involves an appeal to review a finding of the trial court which found that appellee, Linda Rozan Garnett, was an heir of the late Thomas W. Johnson. The decision of the trial court was reversed by the Court of Appeals, Div. 1, and Ms. Garnett petitions this Court to grant certiorari and review the Court of Appeals’ decision. Although we reach the same result reached by the Court of Appeals, we grant certiorari in order to clarify the state of the law.

In January, 1974, Thomas W. Johnson, while a resident of Jackson County, died intestate. His surviving spouse,…