Coleman v. Graves

Plaintiff commenced this partition action claiming an undivided one-third interest in personal and certain real property in Carroll County of which Charles W. Coleman died seized on April 26, 1960. She alleged she was his widow by virtue of a common-law marriage. Defendants, his legatees, devisees, heirs-at-law and the executor of his estate, denied such marriage. The trial court held for plaintiff, confirmed in her a one-third interest in the personal and real property and ordered its partition. Defendants have appealed.

At the time of trial plaintiff was incompetent. Her guardian was…