Rothert v. Rothert

We deal here with owelty.

Owelty is “the amount paid or secured by one owner to another to equalize a partition of property in kind.” Webster’s Third New International Dictionary 1612 (1976).

BACKGROUND

This partition action involves two farms in Sangamon County. The farms are owned by two brothers and a sister: plaintiff, Holland Rothert, and defendants, Robert Rothert and Kathryn Hill (previously Kathryn Rothert). The parties inherited the farms from their father, William Rothert, who died intestate in 1922. William’s survivors were his wife, Emma Rothert-, and his three children, Holland,…