In Re Potts' Estate

James R. Potts died testate in June, 1940, survived by three grandchildren, the issue of his son Dwight Potts, who predeceased the testator. Dwight Potts was twice married; the first time to Erma Potts in 1917, ending in a divorce in 1926; and the second time to Helen Potts. Two children, plaintiffs herein, were born of that first marriage. One child, Robert, was born of the second marriage. The testator made provision for his grandchild Robert Potts and for Helen Potts, but omitted to provide for plaintiffs in his will dated August 17, 1938. The probate court and the circuit court held that…