Linton v. Linton

Maxwell, Judge:

From a decree directing partition of land the defendants appeal. By demurrer and answer they take the position that title to the property sought to be partitioned is not before the court.

The land in question was the homestead of Isaac J. Linton, deceased. Pertinent provisions of his will, probated March 6, 1908, are as follows:

“First. I direct my executor hereinafter named to pay all my just debts and funeral expenses, as soon as convenient after my decease.

■ Second. I give, devise and bequeath to my beloved wife Margaret Ellen Linton, my farm containing about 169 acres situate…