Pitts v. Melser

— Judgment was rendered in favor of the appellee upon his demurrer to the complaint, the appellants excepting to the ruling and refusing to amend.

The complaint alleges that Henry Stuck, of Boone county, Ky., preparatory to his going to California, made his will on the 10th of December, 1849, devising to two of his daughters and his wife his real estate in Kentucky, in fee simple, and devising to his daughter, “Angeline Biggs, and her children,” his real estate in Shelby county, Ind., a part of which is in controversy in this case.

When the will was made, Mrs. Biggs had a child living, born the…