The opinion of the court was delivered by This litigation has been before this court on two previous occasions. A short review of the facts is necessary to determine the questions raised in this action. Bertha B. McFadden, hereinafter referred to as Bertha, died July 22, 1922. At the time of her death she was the owner of the northwest quarter (NW/4) of section six (6), township twenty-seven (27) south, range twelve (12) west of the sixth (6th) P.M., Pratt county, the quarter section of land in question. She was survived by her husband, E.G. McFadden, and the following children: Berdie, John, Myrtle, Ethel, Goldie, Mabel and James. In the instant case the parentage and heirship of Berdie are in question and will be dealt with later. At the time of the death of his mother, Bertha, James (defendant-appellee herein) was fourteen years of age.