
    Cepher Fritz et al. v. Jacob Fritz et al.
    Motion for leave to file petition in error to reverse the judgments-of the common pleas and district courts of Brown county.
    
      A. G. Thurman, for the motion.
    
      Ely & Beihn, contra.
    On February 1,1858, Donald Fritz, of Brown county, died testate, and without issue, leaving a widow (defendant, Margaret) and two brothers, two nephews and a niece; the nephews and niec© being respectively, children and sole heirs of three of his brothers, respectively, who had predeceased him. The brothers who survived him, and the nephews, niece, and widow, were as follows:
    The plaintiffs—Cepher Eritz, brother; Joseph Fritz, nephew, son of Allwise Fritz, deceased; Ellen Fritz, niece, daughter of Joseph Fritz, deceased.
    *The defendants—Jacob Fritz, brother; Joseph Fritz, nephew, son of Michael Fritz, deceased; Margaret Fritz, widow of testator.
    February 15,1858, the will of said Donald Fritz was duly admitted to probate.
    June 26, 1858, the widow, Margaret Fritz, appeared in the probate court and refused to take under the will. By his will the testator devised and bequeathed to said Margaret all his real estate, and certain personal property, both during her widowhood, and to each of his brothers, Joseph and Jacob, and to each of his said nephews he bequeathed $20; but made no other or further disposition of his real estate.
    March 25, 1861, the plaintiffs filed a petition for partition of the real estate. The widow, Margaret, demurred. The common pleas sustained her demurrer, and dismissed the petition, and the district court, on petition in error, prosecuted by the plaintiffs, affirmed the judgment.
    The present motion is for leave to file a petition in error to reverse said judgments.
   By the Court.

The motion for leave to file petition in error i» overruled.  