Malcom v. White

The plaintiff, Walter L. Malcom, brought this action to partition real estate in which he is the owner of an undivided one-fourth interest. Defendants Florence White, Ralph M. Malcom, and the heirs of Arthur R. Malcom also own an undivided one-fourth interest in the real estate in question. Florence V. Malcom, surviving spouse of Arthur R. Malcom, claimed a homestead interest in the real estate to be partitioned and alleged that the real estate was not subject to partition. The trial court determined the respective interests and entered a decree of partition. Florence V. Malcom appeals. We…