Walton v. Roberts

The amended bill in this case seeks a partition of certain real estate and a construction of the will of Lillian G. Roberts. The claim of the plaintiffs is that the parties are tenants in common. The defendant claims to be the sole owner under a deed from her husband, Walter H. Roberts, who was the sole devisee under the will of his deceased wife, Lillian G. Roberts. The question is whether the plaintiffs, being the (children of Walter H. and Lillian G., and not being mentioned in their mother’s will, took a two-thirds interest in the real estate under the provisions of the statute governing…