In re Estate of Erwin

The opinion of the court was delivered by This was a proceeding originally commenced in the probate court, under which the petitioner sought to establish a demand against a decedent's estate. The proceeding was certified to the district court and the trial there resulted in a judgment against the petitioner, who has appealed to this court. In a preliminary way it may be stated that on January 25, 1948, one Noel Erwin, traveling alone, was driving a Studebaker truck north along a highway in Labette county; at the same time Leon Richardson was driving south along the same highway in a Plymouth coach accompanied by Lester Blevins, Roy Lee Blevins and Wayne McCabe. The two vehicles collided and the two drivers and the passengers other than Lester Blevins were killed. As the result of proceedings in the probate court Orda Erwin was appointed as administrator of the estate of Noel Erwin and Effie F. Richardson was appointed as the administratrix of the estate of Roy Lee Blevins who was her son.