Lewis

This is an appeal from a judgment dismissing the petition of John E. Lewis, as administrator of the estate of Eva Effie Jones, to establish her heirship to Ira Wise, whose estate was in the course of probate, and from an order denying said administrator leave to file an amended petition. The propriety of the court’s ruling depends on considerations of (1) the validity and (2) the conclusive effect of a previous decree of heirship made in the Ira Wise estate proceeding.

On November 23, 1942, Ira Wise died intestate, leaving no issue, surviving spouse or parents. His wife, Emma, had died intestate some six months previously. On May 9, 1945, W. 0. Crutchfield, the brother of Emma Wise, filed a petition to establish his heirship to Ira Wise, upon the claim that “there being no issue or surviving parents of [either] Emma ... or . „ . Ira Wise,” he, Crutchfield, “as sole surviving heir of said Emma Wise,” was “entitled to participate in the estate of said Ira Wise.” Notice of the hearing of this petition was posted on the aforesaid filing day, with May 23 appointed as the time when “all persons interested [should] appear and show cause, if any they have, why the said petition should…