Laleman v. Crombez

Julius Laleman brought an action against the executrix of his deceased wife’s will and her legatees to partition real property in her estate in which he claimed an undivided half interest as the surviving spouse. None of the legatees appeared. An answer filed by the executrix was stricken on plaintiff’s motion, and a decree was entered in his favor, from which she appeals. A freehold is involved.

In 1936 the plaintiff and his wife, who were then living apart, concluded a separation agreement. The property involved in this litigation was not mentioned in the agreement, and apparently it was…