Noteware v. Colton

This is a suit to partition 480 acres of land of which Sarah M. Colton died seized, leaving no will. Plaintiff pleads that the estate descended to intestate’s sole heirs at law as follows: To plaintiff, who is the grandson of a deceased sister of intestate, an undivided one-sixth interest; to each of John B. Colton and Francis Colton, defendants, who are the brothers of intestate, an undivided one-third interest; to Maud Hamilton, defendant, the daughter of a deceased sister of intestate, an undivided one-sixth interest. From a dismissal of the action plaintiff has appealed.

*542The appeal…