In Re Phillips' Estate

This action was brought by the mother and guardian of four minor children to have an undivided one-fifth interest in the estate of the children’s paternal grandmother set over to them as pretermitted heirs. From a decree denying the petition and simultaneously distributing the whole estate in accordance with the provisions of the will of the deceased, the guardian has appealed.

On October 7, 1925, Rachel Jane Phillips, the grandmother, executed a nonintervention will, the pertinent provisions of which, so far as this action is concerned, read as follows:

“Third: I have in mind my five children,…