Estate of Walker

This proceeding grows out of the following facts: On July 3, 1913, upon the ground of desertion, Cornelius Walker obtained an interlocutory decree of divorce from his wife, Mabel E. Walker. He died on November 20, 1913, leaving an estate of which Mabel A. Nason, a daughter by a former wife, was appointed administratrix. On April 11, 1914, Mabel E. Walker gave birth to twin sons, Earl and Edwin, whose legitimacy as lawful heirs of deceased constitutes the subject of this controversy.

On March 29, 1915, Mabel A. Nason, as “petitioner and administratrix,” filed her first and final account, accompanied by a petition wherein she alleged that she was the sole heir of deceased, to whom she asked that the estate be distributed. In due time Mabel E. Walker, as guardian of her said minor sons, filed a counter-petition alleging that they were children of deceased and who, with Mabel A. Nason, constituted the only heirs to whom the estate should be distributed. Mabel A. Nason, as administratrix, answered this counter-petition, denying all the material allegations thereof other than that she was an heir of deceased. Thereafter, on May 27, 1915, Mabel A. Nason, as administratrix, served notice…