Johnson v. Ducobu

MORRIS, Commissioner.

Mrs. Mittie Ducobu died intestate in November 1948, survived by her husband, ap-pellee, Oscar G. Ducobu, and appellants, a brother and nephew. She was the owner of personal property in excess of $48,000 in value, and a residence in Mayfield. Ap-pellee, Ducobu, qualified as administrator in December 1948. When we employ the word "appellee” herein it will refer to him individually.

In August 1950 appellants filed petition alleging indivisibility of the lot, and sought its sale and a division of proceeds. Ap-pellee in answer agreed to sale and distribution, but set up a claim…