Stiff v. Stiff

This matter arises on a motion to dismiss the appeal as moot. The factual situation is substantially as follows: Floyd M. Stiff died testate. By his will, he devised his real estate to his wife and mother by a provision which was brought to this court for construction after the trial court denied a partition of the property on the part of the mother. The issue was the nature of the estate devised and whether or not it was subject to partition.

On March 14, 1968, the mother filed a suit for a partition of the property which was denied and from which judgment the mother appealed. On April 15,…