Wheless v. Wheless

Gen. John F. Wheless died, intestate and without issue, leaving a widow and numerous collateral kiudred. The bill in this cause was filed for a partition of his lands, where that could be done, and for sale and division of proceeds, where partition in kind might not be practicable.

The widow, in her answer, claimed that the undivided interest of her husband in what is known as the Baxter Smith tract was not realty, *295but personal property, under the doctrine of equitable conversion, and that it therefore belonged to her, as distributee, and not to the heirs.

The Chancellor decided this question…