Burke v. Burke

Marston, J:

This case was commenced to determine who were the heirs at law of Thomas Burke, Jr., deceased.' The facts as found by the circuit judge were as follows:

“Thomas Burke, Jr., died while yet an infant under the age of twenty-one years, unmarried and intestate.

“His father, Thomas Burke, Sen., died intestate, some two- or three years before his death, leaying him, his widow, the said Ann Burke, the said Thomas Burke, Jr., now dead, and two other sons, John and George Burke, who were brothers of the half blood of the said Thomas Burke, Jr. All the estate of the said Thomas Burke, Jr., now…