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IN RE STONE'S ESTATE

No. 8124.

286 P.2d 329 (1955)

In the Matter of the ESTATE of Herman STONE, also known as H. A. Stone, or Herman A. Stone or Herman A. Schaible, deceased. Lawton S. SCHAIBLE, Claimant-Appellant, v. R. W. HELLER, Administrator with Will Annexed; Harley Moeckel and Bonnie Moeckel, and Meryl Moeckel, Guardian ad litem for said Harley Moeckel and Bonnie Moeckel, Respondents.

Supreme Court of Idaho.

July 18, 1955.

Attorney(s) appearing for the Case

Cox, Ware & Stellmon, Lewiston, for appellant.

Paul W. Hyatt, Lewiston, Swayne & McNichols, Orofino, for respondents.

KEETON, Justice.

Herman A. Schaible, also known as H. A. and Herman A. Stone, died testate in Clearwater County on March 19, 1951. By the terms of his will, dated November 18, 1939, filed and admitted to probate, his estate is devised and bequeathed to two children of a nephew in equal shares. Appellant Lawton S. Schaible filed an answer to the petition and alleged that he is the son and sole and only heir of the deceased and entitled to inherit all of the estate...

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