Smalley v. Isaacson

This is an action for partition, and comes here by appeal from an order sustaining a demurrer to one of. the defences set up in the answer of the defendant Isaacson. The com*451plaint states the source of plaintiff’s title thus: That February 7, 1859, Michael Sullivan was seized in fee of the land in question, and on that day died, leaving a will, (afterwards duly proved,) in which he devised his real estate thus: “After what the law allows my wife, the residue to be equally divided between my wife, Margaret, and sister, Julia Sullivan, and Timothy Sullivan, my brother.” The land in question was…