Clark v. Clark

— This was an action for the partition of real estate. The complaint is in the usual form. The appellee answered, in substance, that Ruth Clark, who was the mother of the appellee, died testate, devising the land in dispute to David J. Clark, her husband, for life, with remainder over in fee to the appellee; that said David elected to take under the will, and departed this life on the 19th day of May, 1889, whereby the appellee became the owner in fee of the whole of the land.

The appellant replied by general denial.

The cause was tried by jury, resulting in a special verdict, upon which the…