Hogg v. Falk

This cause was commenced as an action to partition about 733 acres of land in Ralls County, but by the pleadings under which the cause was finally tried the construction of the will of Agnes R. Hogg, who owned the land at the time of her death, became the decisive question. The trial court denied partition, held that the will required that the land be sold, and that the proceeds, after payment of debts, legacies, and expenses, be divided equally between plaintiffs on the one hand and defendant on the other. Defendant, contending that plaintiffs had no interest in the estate, appealed. The…