Whiteman v. Burkey

This is a suit by plaintiffs in error, who are children of defendant in error and his deceased wife, to recover their one-half interest in the community estate of their deceased mother and the defendant in error, and to have partition of said estate, and for an accounting of the money of the estate collected by the defendant after the death of his wife.

The petition describes the real and personal property sought to be partitioned, and alleges the collection by the defendant of several specific sums of money which ’belonged to the estate.

For the purpose of understanding the questions discussed…