Davis v. Cohen

This is an appeal from a decree of the superior court which vacated a decree of partition previously entered and dismissed the suit for partition. The issue presented to us is whether the chancellor could enter such an order upon a counterclaim to review filed more than 30 days after the entry of the decree, setting forth that a will discovered after the decree of partition devised the real estate in question to Daisy Cohen.

Annie Bell Jones, or Annie Bell Anderson, died June 30, 1949. She left her surviving three sisters, Mary L. Davis, Nettie Blaino and Daisy Cohen, and two nephews, Norman…