Voden v. Yates

MENGLER, J. (Pro Tempore).

This is an appeal from a decree holding that the plaintiffs were not pretermitted grandchildren of testatrix, Jane E. Robinson. The plaintiffs’ contention is: (1) that the will mentions four grandchildren of Stewart Yoden, deceased, son of testatrix, but does not mention the plaintiffs who are his four children, and (2) that the will did not operate to name or provide for them and they are therefore entitled to distribution as pretermitted heirs.

Paragraph Y of the will provides as follows:

“I hereby declare that my only heirs-at-law at this time are my husband, ISAAC…