Bullock v. Smith

This is an action in equity for the partition of real property. The controversy finds its origin in the will of John H. Smith, who died March 2, 1896. By the terms of his will, which was duly admitted to' probate, a life estate was devised to Mary E. Smith, surviving spouse, in three parcels of real estate, with remainders in fee, respectively, to certain named persons.

Mary E. Smith (life tenant) died intestate August 31, 1922. She did not, by a writing filed of record in the probate court, consent to accept the provisions of the will, and it is not shown that any notice was given her by…