Hoffman v. Hoffman

OPINION

By HAMILTON, PJ.

This case is here on appeal on questions of law from a decree of the court of common pleas, granting partition of certain real estate described in the petition therefor.

There are several specifications of error, which can be summed up by saying that the error complained of is the right of the court of common pleas to grant a writ of partition, claiming that there is no right or title to the property in the plaintiff or the defendants. That question involves a construction of the will of Louisa Fissel.

It appears that Louisa Fissel died testate, leaving six children, all…