Hammel v. Gould

Jones, E. H. J.; Swing, J., concurring; Jones, O. B., J., dissenting in separate opinion.

Plaintiff, Elizabeth C. Hammel, filed her petition for' partition of the property described therein. Her right to partition depends upon a construction of the will of Richard Gould, deceased. Richard Gould died in the year 1879, leaving a widow and six children, several of whom were minors. At the time of his death he was seized in fee of the property of which partition is sought. The widow still *228lives and has never remarried. Five of the children are living and are of full age.

Items I and II of the will…