Heiden v. Howes

OPINION

By HILDEBRANT, P. J.:

Appeal on questions of law from a decree awarding partition of real estate.

During- her lifetime, by virtue of a deed to them jointly, plaintiff and wife each owned an undivided one-half interest in the real estate involved as tenants in common, and, of course, entitled to a judical partition thereof.

On her death testate, the wife provided in Item III of her Will as follows:

“All the real estate of which I may die possessed I give to my husband, Henry Heiden, for life, but with the right to sell the same at any time he may see fit, however if he should sell any of…