In re Real Estate of Smith

Herrmann, Judge:

The partition of real estate of William K. Smith, deceased, is sought by his children and heirs at law, Lawrence L. Smith, Charles W. Smith, Earl J. Smith and James F. Smith. Summons was served upon William A. Frith, the husband of Helen M. Frith, deceased daughter of William K. Smith, and upon their children, William A. Frith, Jr. and Rita M. Nichols, requiring that they appear and show cause, if any they had, why partition should not be made. The respondents appeared and they oppose the partition. They have filed an answer which, when fairly construed,’ alleges that William…