Smith v. Tremaine Et Ux

(Pro Tempore)

Narcissus V. Day died intestate February 23, 1936, leaving as an estate the real property here in contro versy which had been her family home. Her estate was never probated. She was survived by six children. The Smiths and the Days, who are plaintiffs herein, represent the interests of five of these children, and the defendant, Hattie Tremaine, is the sixth child. The other defendant is her husband.

Narcissus V. Day was quite elderly and had been a widow for some time prior to her death. The defendant Hattie Tremaine was separated from her then husband and, lacking a home of her…