Jones v. Federal Farm Mortgage Corp.

The appeal brings for review order denying motion to dismiss bill of complaint as against the appellants.

The bill of complaint was for the purpose of foreclosing mortgage.

The appellants were alleged to be, and admitted that they are, the heirs at law of the deceased mortgagor who died intestate since the enactment of the 1933 Probate Act. Section 24 of that Act provides, in part, as follows:

“Order of Succession. The real and personal property of an intestate shall descend and be distributed as follows: 1. To the surviving spouse and lineal descendants, the surviving spouse taking the same as…