Estate of McMurray

Helen McMurray Elmer petitioned for distribution under section 1658 of the Code of Civil Procedure as the daughter and sole heir of decedent. Persons claiming to be a sister, a nephew and nieces petitioned for partial distribution. No evidence on their petitions appears in the record and no written objections to the daughter’s petition were filed, but a full hearing was had upon the latter petition and the trial court found that petitioner was the daughter of William T. McMurray, and Lucille Mary McMurray, both of whom were dead, and that she was the sole heir and entitled to all the estate. The probate court also found that none of the other petitioners were entitled to any portion of the estate and then decreed that all the estate should be distributed to Helen McMurray Elmer. From this decree the other petitioners appeal upon typewritten transcripts.

In the final analysis the case is governed by questions of fact only. Helen McMurray Elmer was born July 21, 1904. Her parents were William T. McMurray and Lucille Mary McMurray, both deceased. In the year 1901 the parents met Henry and Marie Durnez in the city of Chicago and represented themselves as husband and wife. The four…