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HARLAN v. SPARKS

No. 2346.

125 F.2d 502 (1942)

HARLAN et al. v. SPARKS et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 16, 1942.

Attorney(s) appearing for the Case

H. C. Buchly and Lake J. Frazier, both of Roswell, N. M. (Charles J. Lieck, of San Antonio, Tex., on the brief), for appellants.

James T. Jennings and Ross L. Malone, Jr., both of Roswell, N. M. (J. D. Atwood, of Roswell, N. M., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

The rivals in this controversy are certain relatives of John B. Kipling, deceased, on one side, and certain relatives of Emma Kipling, deceased, and T. C. Wood, on the other side. John B. Kipling and Emma Kipling were married prior to 1905, and lived together as husband and wife until he died testate in 1928; she died in 1939; they had no children; each died without issue; and both parents of John B. Kipling predeceased him. Kipling and wife...

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