Davis v. Mather

Appellees filed a bill for partition in the circuit court of Madison county praying partition of certain land alleged to have been devised to them by George H. Davis. Appellants defended on the ground that Davis did not own such land, for the reason that the renunciation of the will of Annie S. Davis, by which renunciation he received the land in question, was not valid. The sole question presented on this record is whether or not a renunciation of a bequest or devise may be made at the direction of the probate court by the next friend of a surviving insane husband, under section 12 of the…