Spencer v. Burns

This action had its inception in the superior court of Cook County when Robert Spencer, who alleged that he was the surviving spouse of Bertha Spencer, deceased, and Elizabeth Frowner, administratrix of the decedent’s estate, filed a complaint seeking to partition real estate owned by Bertha Spencer at her death on February 1, 1948. Named as defendants were Will Burns and Isom Burns, the father and brother of the deceased, who resided in Arkansas and California, respectively. They in turn filed an answer which denied that Robert Spencer was Bertha’s husband and a cross complaint which alleged…