Gaither v. Fraser

Opinion of the Court by

Judge Thomas

Affirming.

This is a litigation in equity originating in the Mercer circuit court for the purpose of dividing a parcel of real estate jointly owned, in different proportions, by the parties to the litigation, the title to which they obtained under the wills of E. H. Gaither, who died a resident of Mercer county on January 15, 1924, and that of his surviving widow, Fanny Gaither, who died on March 4, 1935, each of the wills being probated in the Mercer county court following the deaths of the testator and testatrix. The property so jointly owned is situated in…