Wesley v. Brown

CLARK, Circuit Judge.

In the District Court appellant filed a complaint for partition of real property, claiming an interest in the property by descent on the ground that her intestate mother was a tenant in common thereof at the time of her death. The property had been held by appellant’s mother and father as tenants by the entirety during their marriage, but the mother had obtained a decree of absolute divorce from her husband. The decree did not expressly deal with the realty in question, and appellant’s mother died five months and four days after the decree was signed. After the death of…