Kyle v. Kyle

This was an action hy the appellants against the appellee, to obtain partition of certain real estate of which Thomas Kyle, deceased, died seized.

Demurrer to the complaint sustained, and judgment for the defendant.

The complaint alleges that the plaintiffs are the grand children of the deceased; that he left no father or mother, nor children, they all having died iütestate before his death; that the defendant, Mary, is the widow of the deceased, she having been his second wife, by whom he had no children. The demurrer seems to have been sustained upon the ground that the plaintiffs were not…