Cole v. Coons

(concurring in the judgment affirming the decision of the trial court, but dissenting from the opinion as written): The essential facts necessary to a decision in this case are as follows: Bessie Cole Coons died intestate July 12, 1942, leaving as her sole heirs at law her three children by a former marriage (plaintiffs in the court below and appellees here) and her husband, Joe Coons (defendant in the court below and appellant here). At the time of her death she was the owner of an undivided three-fourths interest in the land involved in this action as a tenant in common with her three…