Abbott

This is an application for a writ of mandamus directing the trial court to enter a final decree of divorce. An understanding of the application requires a consideration of the following facts:

Prior to June 7, 1919, George Edward Bennett and Susie H. Bennett were husband and wife. On that day the wife commenced an action for divorce. The petition does not set forth the issues made by the pleadings, but on June 1, 1920, the trial court entered a decree of divorce. Nothing to the contrary appearing, we must presume that the issues disposed of in that decree were properly before the court. So assuming, it appears that there were presented to the trial court issues involving all of the property rights of the parties and that the trial court disposed of the same.

Paragraphs II to VI are as follows:

That interlocutory decree has not been vacated, annulled, or set aside and no final decree of divorce has ever been entered in said action.

On November 12, 1923, the husband died and thereafter the petitioners offered Ms will for probate and the will was admitted to probate and petitioners were appointed executors thereof. Later they appeared in the divorce action and made a motion that…