Horsley v. Hrenchir

The opinion of the court was delivered by

Allen, J.;

This is an appeal from an order overruling the demurrer of the defendants to the plaintiff’s amended petition.

*768The petition alleges that Benjamin Franklin Bailey died intestate April 11, 1909, leaving as his sole and only heirs at law Margaret A. Bailey, his widow, Mayma Bailey and Paden Bailey, his daughters, and that at the time of his death he was the owner of the real estate in question. Upon the death of Benjamin Franklin Bailey his' widow, Margaret A. Bailey, became the owner of an undivided one-half interest in the real estate, and the…