Sohler

Plaintiffs, by their guardian ad litem, instituted this action to set aside the decree of distribution given in the estate of Xaver Sohler, deceased, or so much of it as distributed one eighth of the estate to the defendant Paul Reuss, as the son of the deceased. The court sustained a general demurrer to the complaint, and from the judgment which followed plaintiffs appeal.

Upon the appeal the peculiar and somewhat remarkable allegations of the complaint are, of course, to be taken as true. It is alleged that Xaver Sohler died in the county of Lake, testate; that his widow, the defendant Lena Sohler, became executrix under the will; that the will left all of the property to the widow, and the children were pretermitted heirs. The court, therefore, properly held that the widow was entitled to but a one-half interest in all the estate of the deceased, and that the children were entitled to equal parts of the other moiety. "When the estate was ready for distribution, the executrix petitioned, and setting forth the names of the other children, plaintiffs herein, alleged in the petition that the defendant Paul Reuss was likewise a child of the deceased, and therefore entitled to a one…