England v. Poehlman

This is a proceeding brought by the heirs to partition the lands of their deceased father and mother. They made the executor of their father’s and mother’s separate estates, who is the same person, a party defendant. The court entered a judgment of partition, the lands were sold, and the proceeds were being held by the sheriff. The heirs filed a motion for a partial distribution of the proceeds which the court ordered. The executor has appealed from the order of partial distribution.

At the hearing on the motion the evidence disclosed that time for filing claims against the estates had…