Overlander v. Overlander

The opinion of the court was delivered by

Mason, J.:

Rufus B. Overlander died testate January 15, 1919, owning a farm of 200 acres in Doniphan county and other land. By his will, which was duly probated, he devised this farm to his five sons, Rufus M., Jesse L., John E., Charles L. and Jacob A. Overlander. April 26, 1922, Rufus M. Overlander brought this action for its partition, making his four brothers defendants. Judgment was rendered in accordance with the petition and John E., Charles L. and Jacob A. Overlander appeal.

1. The testator’s widow had consented in writing to the will and elected…