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the testator "as long as she shall remain unmarried and my widow with remainder thereof on her death or remarriage to my infant son Jeremiah Joiner [the son of the testator by his wife the said Cornelia] and his heirs forever." That on the 16 day of February, 1881, said Cornelia, the testator's widow, married Lawson Eley and with him now occupies the said lot of land and improvements. That in or about December, 1899, said Jeremiah Joiner died in said City unmarried, without issue and above the age of 21 years, leaving his mother the said Cornelia Eley and your orator, George Joiner, his only heirs and next of kin. That the said Cornelia Eley refuses to acknowledge the claim of your orator as one of the heirs of said Jeremiah Joiner, asserting on her behalf that your orator is not a legitimate son of the testator. And your orator further states that said lot of land and improvements is not susceptible of a division in kind among the heir and next of kin, and your orator desires that the property mentioned be sold and the proceeds distributed among the parties in proportion