Gardner v. Bailey

Action to partition certain real estate. Generally speaking, the facts are stipulated in the record. The real estate in question was owned by Marsh W. Bailey and was at the time of his death, in 1926, his homestead. He died intestate leaving surviving his spouse and four children, Eleanor B. Brown (Gardner), age 24, Henry B. Bailey, age 21, Theodore B. Bailey, age 20, and Josephine M. Bailey (Meschter), age 17. From the time of his death, the widow, Mary E. Bailey, and three children continued to reside in the home. The widow still so resides. The three children left the home at the time of…