Pearson v. Hasty

GIBSON, V. C. J.

This is an action to recover an interest in real estate. Judgment was for defendants, and plaintiffs appeal.

Plaintiffs as pretermitted children claim title to an undivided two-thirds interest in the land as heirs of their father, who died in 1913 after devising all his estate to his widow. The will was admitted to probate and the estate distributed according to the terms thereof in 1915. In 1917 the widow conveyed the land to defendants’ ancestor.

At the time of the distribution aforesaid the plaintiffs were infants of the ages of four and three years, respectively. They charge…