Kelley's Heirs v. Burnam

Opinion op the Court by

Stanley, Commissioner

Reversing.

The appeal is from an order sustaining purchasers’ exceptions to a commissioner’s report of sale of real -estate. The ground is that' the evidence is not sufficient to prove that the parties, both plaintiffs and defendants, .are the heirs and devisees and all the “relations” of the owner of the property living and making claim for the estate three years after the death of his widow, which is a provision of the devise. A resale of the property was ordered “upon the condition that the parties estab lish their rightful relationship to the…