Richardson v. Roney

Appellants filed a complaint in the circuit court of Macon county seeking partition of certain real estate therein described. On motions of the appellees the complaint was dismissed as not stating a cause of action.

Whether the chancellor was right in dismissing the appellants’ complaint is to be determined by a construction of clause seven of the will of James S.' Parker, who died May 8, 1880, leaving a substantial amount of real estate. He was survived by his widow and five children, three sons and two daughters. Lydia E., the youngest, was unmarried, the rest were married at the time of…