Wright v. Cummings

The opinion of the court was delivered by

Porter, J.:

In an action for partition the court sustained a demurrer to the petition. Plaintiffs elected to stand on their petition and bring the case here for review.

*668The petition alleged that in November, 1918, William Huffman, father of the litigants herein, executed his last will, and in December thereafter died; that his will was duly probated and no appeal has been taken from the decree of probate; that by the terms of the will the testator gave to his daughter, Ida Cummings, defendant, certain real estate in Arkansas City on condition that she…