Stalder v. Stalder

Dorsey, C.

This is an action by the appellee, Henry Stalder, one of the children and beneficiaries under the will of Annie Stalder, deceased, to recover his share of the rent of a certain tract of land of which she died seised, accruing after her death. This appeal brings up for review the judgment of the court below affirming his right to sue for the rent in question and awarding him the share claimed, on the theory that, as one of the five children of the decedent, the appellee took his proportionate share as tenant in common of the real estate upon the death of the testatrix, and thereby…