Clemons v. Howard

PITTMAN, Judge.

Jean Clemons appeals from a judgment in a sale-for-division action insofar as the judgment determined that Raymond Mitchell (“Raymond”), deceased, was the father of Justine Howard (“Justine”) and that Justine is the owner of an undivided one-half interest in 102 acres of real property in Choctaw County (“the property”). We reverse and remand with instructions.

Raymond and his brother, Jessie Mitchell (“Jessie”), deceased, each owned an undivided one-half interest in the property when Raymond died intestate in 1975. *740Jessie died testate in 1989, and his will was probated. In 2010,…