Eiten v. Eiten

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

This is an appeal from a judgment of the Circuit Court of La Salle County granting a motion for summary decree in a partition action instituted by the plaintiff, Wesley Wenzel Eiten, a/k/a Edward W. Eiten, as against Myra M. Eiten and others. Plaintiff had claimed to be the owner of an undivided one-half interest in the premises under the will of Thomas Eiten, who died on March 16, 1947. The issue before the court is what estate, if any, did plaintiff inherit from Thomas Eiten, the decedent.

It appears from the record that Thomas…