O'Hara v. Tewes

The plaintiff has brought an action for partition, alleging in his complaint that he and others are “ seized in fee and possessed of the premises hereinbefore described, as tenants in common.” The motion to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action was denied.

*294The property in question, together with personal estate, was owned in her lifetime by Elisabeth Tewes. By her last will and testament she provided for the payment of debts and the investment of a trust fund of $1,000 for a grandchild, to be deposited in some savings bank…