Fleming, Admrx. v. Phoenix Trust Co.

The complainant, widow of W. S. Fleming,. Jr., and the administratrix of his estate with the will annexed, brought this action seeking a construction of her hus band’s will and tlie direction of the court as to the distribution of proceeds of life insurance policies.

The guardian of John Dunnington Fleming, infant son of W. S. Fleming, Jr., claims that its ward is entitled to a distributive share of the estate because pretermitted and not disinherited by the will of his father.

Testator died August 18, 1929, leaving complainant, his widow, and three children, to-wit: W. S. Fleming, age fifteen,…