Chamberlain v. Beam

BECTON, Judge.

Rebecca B. Chamberlain, the only child of Herman A. Beam, deceased, filed this partition proceeding to have allocated to her in kind, one-half (V2) in value of the undevised real estate in the estate of her late father. The trial court ordered an actual partition of the land despite the contention by Ellen B. Beam, the widow of Herman A. Beam and co-executrix of his estate, that “there can be no partition because these same lands must be sold to satisfy debts of the estate of Herman A. Beam.” From that order, Ellen Beam appeals. For the reasons that follow, we affirm.

I

In 1978,…