Brewer v. Stark

— This is an action for the partition of an 80-acre tract of land in Linn County, and involves the construction of certain paragraphs of the last will and testament of Charles T. Nightingale, ivho died testate, July 31, 1902. The specific question presented by the appeal is whether the children of a deceased brother shall each share equally with the brothers and sisters of the testator, or whether they shall together take an equal share of the property involved. The appellants are the children of the deceased brother, and appeal from a finding of the court that -they should take per stirpes,…