Wood v. . Fleet

This action is instituted to affect a division or partition of the real estate whereof Daniel Fleet died seized. He died intestate on the 20th January, 1858, in possession of the premises whereof partition is sought, leaving the defendant Rebecca Fleet, his widow, the appellants, the sons of his brother James Fleet deceased, and the respondent his sister, him surviving, and his only heirs at law. He left no issue.

The referee before whom this action was tried, found as facts: That Arnold Fleet of Oyster Bay, was seized in fee of the lands, a portion of which were sought to be partitioned, and…