MOORE, Justice.
We will herein refer to the parties as they appeared in the trial court, where defendant in error was plaintiff and plaintiff in error was defendant.
Plaintiff and Jacob Eshe had been husband and wife for more than twenty-one years prior to Jacob's death April 23, 1950. At the time of his death Jacob was eighty years of age. Surviving him were: Annie, his widow; a brother Oliver, residing in Greeley, Colorado, who was about ninety years old...
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