Hambrick v. Smith

Opinion op the Court by

Judge Rees

Affirming.

J. E. Smith and Katie Smith, his wife, owned jointly a house and lot in Fayette county. Each owned a one-half undivided interest in the property. J. E. Smith died testate September 27, 1923. He devised his interest in the property to his wife for life, and at her death it was to be divided equally among their nine children. Katie Smith died intestate September 23, 1928, and on October 11, 1928, two of her children, who are appellants here, brought this action against their seven brothers and sisters, one of whom was an infant, in which they sought a…