Kikel v. Kikel

Opinion by

Mr. Justice Allen M. Stearns,

Plaintiff commenced the present proceeding by filing a bill in equity for partition of four parcels of real estate, alleging that under the will of their mother, Sophia Kikel, she and her four brothers (defendants) were tenants in common of these properties. Upon petition of Henry Kikel, one of the defendants and executor of the will of Sophia Kikel, the court below set aside the service and dismissed the bill.

Whether or not the bill was properly dismissed depends upon -whether there was an equitable conversion of the real estate into personalty by the…