Flippo v. Nelson

BRIGHTMIRE, Chief Judge.

The issue presented for review in this, partition action is whether the trial court’s in kind allocation of subject land in accordance with the commissioners’ final report was clearly unfair and inequitable as to the objecting plaintiff under the evidence.

We hold that it was and modify the final decree.

I

The orientational background facts are that the plaintiff, Dorothy Flippo, formerly Shannon, is the daughter of the late L.D. Shannon who died testate leaving an estate consisting of, among other things, several pieces of real estate located in various counties in this…