Masquart v. Dick

This suit was commenced as a suit for the partition of real property, and developed into a controversy over the ownership of such property. The decree was for the plaintiffs and the defendants have appealed.

Plaintiffs are heirs at law of John Masquart, deceased. The defendants are the executor of the estate of Joseph A. Masquart, deceased, who was a brother of John Masquart, and Shriners’ Hospitals for Crippled Children, a Colorado corporation, the beneficiary under Joseph’s last will and testament.

Prior to January 14, 1943, the Masquart brothers, who had never married, held title as tenants…