Pullen v. Pullen

— By this appeal the appellants challenge the construction placed by the court below upon the will of Marion E. C. Pullen, deceased.

The testator left surviving him his widow and three sons, Herbert, Keith, and Arthur. The widow elected to take under the law rather than under the will of the decedent. The court’s conclusion that she is vested in fee simple with an undivided one-third of testator’s real estate is not questioned by the parties.

At the time of the death of the testator, two of his sons had, and still have, children, they being the appellants herein. The other son has no children.

It…