James

The appellants, claiming to be the widow and son of Dr. Charles James, deceased, appeal from a decree of distribution made and entered in the matter of his estate, and from an order denying their motion for a new trial. Dr. James died leaving quite a large property, and Laura Hilen James now claims to be his widow, and Theodore Milen Janies, the infant son of Laura, claims by guardian to be his son. The marriage relied upon is commonly called a contract marriage, and is evidenced by. an agreement in writing purporting to be signed by both parties "named therein. The lower court, after an extended trial, found as a fact that there never was a marriage between Dr. James and Laura Milen, and that her infant son was not his son.

It is first contended upon the part of the respondents that there is sufficient evidence in the record, which came before the court without objection, to support the findings of fact, and that, therefore, even conceding the admission of evidence under objection which should have been denied admission, still a new trial for the aforesaid reasons should not he ordered. This position cannot be sustained. If improper evidence under objection has been admitted, it…