MacGalliard v. Duis

A freehold is involved in this appeal from the decree for partition which also dismissed the appellants’ cross-bill for want of equity. Appellants are the heirs of Joseph H. Unterbrink who died testate January 12, 1927.

On September 18, 1931, Mary MacGalliard filed her bill for partition of the real estate involved and claimed title as a devisee of Gesche Unterbrink, the widow of Joseph H. Unterbrink. Her bill alleged that Gesche took title under her husband’s will. Gesche Unterbrink died testate March 8, 1931. She and her husband made similar wills, dated December 1, 1925. Clause 2 of the…