LORING, CHIEF JUSTICE.
This action arose out of probate proceedings relating to the estate of John J. Berge, who died intestate February 21, 1948. September 13, 1949, the administrator of Berge's estate filed his final account in probate court and in his petition for settlement recited:
"That the decedent died * * * intestate, and left him surviving Myrtle Halverson and Carrie Halverson [appellants], common law adopted children, who are the sole heirs at law...
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