Carpenter v. Carpenter

Opinion of the Court by

Judob Rees

Reversing.

Stephen P. Carpenter, a resident of Breathitt county, Kentucky, died intestate on November 29, 1939. He left as his only heirs at law nine children, all more than 21 years of age. Mrs. Stephen P. Carpenter died in September, 1939. On June 20, 1940, eight of the children brought an action in the Breathitt circuit court against their brother, Dewey Carpenter, in which they sought a division, or sale, of a tract of land consisting of 150 acres owned by their father at the time of his death. They alleged in their petition that Stephen P. Carpenter, at…