Clarken v. Brown

This is a partition action to determine the shares in which a 160-acre tract of land in Webster County is owned. The case was submitted to the trial court upon facts admitted by the pleadings, the will of T. W. Clarken and a stipulation of record.

T. W, Clarken died testate in 1939 owning the land in question, leaving no spouse nor issue. Both parents were dead. In item three of testator’s will, probated in 1939, he gave a life estate to his brother, G. "V. Clarken, who died in 1964. Item eight of the will provided: “At the death of my brother, G. Y. Clarken, I devise and bequeath said above…