In Re Jones

This is an appeal from an order made after final judgment, restoring certain lost and destroyed records.

In 1890 Simon L. Jones died, leaving a will. About a year later, the estate having been duly administered, a final decree of distribution- was made therein which, following the terms of the will, distributed certain real property to the son and sole heir of the deceased, Everitt D. J ones, for the period of his natural life, and decreed that upon his death said real property should vest in equal shares in Elsie P. Denroche, the appellant, and Sidney Lloyd J ones, children of Everitt D. Jones, “provided, however, that in case of the death of said Everitt before his wife Eugenia; she should have during her natural life and while she remained his widow, the sum of three hundred ($300) dollars per month and one-half of the income given to the children of Everitt under this will.”

Thereafter, in 1899, in an action which had been instituted by Eugenia, she was granted a final decree of divorce from Everitt, and was awarded $160 per month permanent alimony.

In March, 1907, Everitt, on his death-bed, married Bertha Grace Turner, and a few hours later died, leaving a will, which,…