Holt v. Miller

*396OPINION

By HORNBECK, J.

The action in Common Pleas Court was in partition. A general demurrer was interposed to the petition and to the amended petition, both of which were sustained. Plaintiffs elected to plead no further, judgment was entered against them. An appeal on questions of law is prosecuted.

The demurrers require a determination of the interests of the plaintiff under the will of their grandmother, Sarah C. Miller. The claim of plaintiffs is that by the terms of Items IV and V of said will, said children are the owenrs in fee of the undivided one-half of the real estate described in…