Staples v. Miller

WAHL, Justice.

Howard Staples brought this action against the heirs of his brother, Robert, to establish title in himself to a 40-acre parcel of land which he and his brother had owned as tenants in common. 1 Defendants are Robert’s children and Mary Staples Miller, who was Robert’s wife at the time of his death. The trial court held that Robert’s heirs continue to own an undivided one-half interest in the property. We reverse and remand for additional proceedings.

In 1957, Sarah Staples, the mother of Robert and Howard, conveyed the subject property to her two sons as tenants in common,…