Yunghans v. O'TOOLE

The opinion of the court was delivered by

Holmes, J.:

This action for partition of nine parcels of real estate was originally filed by Eugene F. O’Toole, one of three surviving children of Mary Reilly O’Toole and James J. O’Toole, both deceased, against his sister, Kathryn M. O’Toole Yunghans, and brother, James P. O’Toole. Mary Reilly O’Toole died intestate in 1930 and James J. O’Toole died intestate May 6,1968. The nine properties, designated tracts 1 through 9, had been accumulated by the elder O’Tooles during their lifetimes. The two parcels of real property involved in this appeal will be…