Austin v. Eyster

LIVINGSTON, Justice.

Appeal by David S. Austin, complainant in the court below, one of the heirs and distributees of D. O. Austin, deceased, from an order of the Circuit Court of Jackson County, in equity, sustaining respondent’s plea in abatement and dismissing his bill, which seeks to sell lands belonging to the estate of D. O. Austin, deceased, for division among the heirs at law.

D. O. Austin departed this life intestate, leaving surviving him the appellant David S. Austin, appellee Elizabeth B. Eyster and Mrs. Ola B. McCracken as his sole and only heirs at law.

On March 18, 1941, letters of…