Duncan v. Duncan

This is a partition suit. The questions presented involve the right of the heirs to maintain a suit for compulsory partition of real estate against the will of the widower of an intestate decedent, as well as the extent of the marital estate of the widower in said real estate. The trial court sustained a demurrer of the widower to plaintiff's amended petition, and entered judgment dismissing the amended petition and for costs against plaintiff. Plaintiff appealed.

The petition, omitting caption and signatures, reads:

"Now on this day comes the plaintiff in the above entitled cause and for his…