Bindley v. Mitchell

The opinion of the court was delivered by

Harvey, C. J.:

This was an action to partition a described half section of land in Gray county. The trial court sustained plaintiff’s motion for judgment on the pleadings. Defendant has appealed.

The legal question presented is the validity of an order of the probate court, made on the final settlement of an estate, determining the fractional shares of beneficiaries named in the will. It arises in this way: S. P. Rinard, a resident of Gray county and the owner of real and personal property in addition to that here involved, died on February 1, 1946,…