Richards v. Richards

Sarah Richards brought her action to obtain partition of certain lands, of which she averred her late husband died seized, and which, by will, he attempted to dispose of to his minor children, the present appellants, who are made defendants. Said minors were defaulted, and a guardian ad lilem appointed to defend for all of them, except one, who was not served with process, but whose testamentary guardian was served.

The guardian ad litem answered, admitting the marriage, seizure, execution of the will and death of the testator; *637but denying that plaintiff was entitled to any part of said lands,…