Burkhalter v. Burkhalter

Franklin, C.

— This is an action for partition commenced by appellee, as the widow, against appellants, as the heirs, of Edward Burkhalter, deceased.

In the year 1866, the deceased, a widower, with ten children, was married to the plaintiff, a" widow, with two children. They lived together, without issue "by the second marriage, until the 2d day of December, 1878, when he died testate, the owner of certain real estate sought to be partitioned.. The will of 'the testator is made a part of the complaint, and the con*369troversy in this case arises over the construction of the first and second items…