Barnes v. Barnes

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment overruling a demurrer to a petition in an action for partition of real estate.

*613It appears that on May 5, 1933, one Burgess Barnes died intestate, seized of 720 acres of land in Gray and Kiowa counties. He left a widow, five sons, three daughters, and twelve- grandchildren who were the issue of several deceased sons and daughters and one of whom is a minor whose interest is thus pleaded:

“Harold Barnes, a minor, a grandson, an undivided one-one-hundred-fortieth interest therein (1/140).”

The widow and two of her…