Boyers v. Boyers

LATIMER, Justice.

The major question presented is whether or not the commissioners appointed to partition this estate should have considered the tobacco base of this farm and the old lumber used by Jake Boyers in building his tobacco barn in 1949.

Appellant and appellee are brothers. Their mother died intestate in 1934 owning a tract of land containing 94.77 acres. Jake Boyers, the appellee, filed suit in equity, alleging that in accordance with his mother’s desire, a division of this land had been made and a fence had been built dividing the share of each. The petition requested that…