Lowery

This appeal originated in an action brought by the plaintiffs against the defendant to seek a larger distributive portion of the estate of an intestate decedent than they would otherwise be entitled to receive under the laws of succession.

The decedent, Pearl Lowery Winters, died intestate in 1957. Two branches of the family stem from her predeceased brother, John Lowery, and her predeceased sister, Arminta Parks. Surviving the decedent, Mrs. Winters, is the defendant, whose mother was Arminta Parks; also surviving her were the sons of John, namely, Phillip, Hugh, and James L. Lowery. Cornelia, a daughter of John, predeceased Mrs. Winters, but her two children, John Alexander and Jane Alexander Swayne, still live.

By right of representation, the defendant would be entitled to a 50 per cent share of the estate, while James L. Lowery and plaintiffs Phillip and Hugh are each entitled to a one-eighth share; and plaintiffs John and Jane are each entitled to a one-sixteenth share.

The plaintiffs’ case is predicated on the theory that following the death of Mrs. Winters the defendant entered into an oral contract with plaintiffs whereby defendant was to act as administratrix of the…