In re Estate of Birth

Opinion by

Dana, J.

The husband of one of the decedent’s daughteis — she .assenting thereto by paper filed — petitioned in right of his wife for partition. An inquest was awarded and the return made, and set aside for defect in giving notice. The application for partition is renewed.

The executor objects to the award of an inquest, and submits a copy of the decedent’s will, which provides that his widow is to reside on and have her living and support out of his real and personal property during her life, or while she remains his widow. The executor named “to have the control and management of…