Hughes' Estate

Stearne, J.,

The petition is for a citation for an inquest in partition. One of the three interested parties has filed an answer denying the right to partition upon two grounds: (1) Because an individual, whom respondent asserts is a party in interest, has not been joined in the proceeding; and (2) that only one of the premises should be sold to satisfy petitioner’s interest and that it would be “impractical and inequitable” to partition both.

Thomas Van Horn is named as the omitted party. The record discloses that decedent devised the real estate herein to his daughter Catharine for life, with…