Stitt v. Bush

This is a suit for partition of real property. The facts are, that in May, 1879, Maria E. Bush, the wife of the appellant, died intestate, seized and possessed of the real property in controversy, leaving as survivors, her husband and four minor children. Two of these children, both males, subsequently died under age and unmarried. The question for- decision is, whether upon the death of these two children, their interest in their mother’s estate descended to the father, or to their brother and sister. The solution of this question depends upon the construction to be given to the statute of…