Montana Supreme Court December 21, 1908, No. 2,562 (Lockwood v. Fleming)

MR. JUSTICE HOLLOWAY

delivered the opinion of the court.

On February 12, 1908, Ellen Agnes Lockwood filed in the district court of Powell county an amended petition in which she *58alleges that she is the daughter of John Fleming, who died testate in 1906; that her father at the time of his death owned property of the value of $8,900; that her father left a will which had theretofore been