Cupp v. Frazier's Heirs

This proceeding to determine the heirs of Clara McFadden Frazier presents two questions — to some extent novel ones — about the devolution of ancestral property under our statutes of descent and distribution.

The facts are stipulated. Clara’s mother, Mamie McFadden, a widow, owned the land in question, as a new acquisition, at her death intestate in 1933. The property was inherited in equal undivided half interests by Mamie’s two daughters, Clara and Algerina. Later on Algerina died intestate, without issue, and her half interest passed to Clara. In 1961 Clara died intestate, without issue.…