Williams v. Mallory

Opinion by

Mr. Justice McGowan,

*601Within five months after the death intestate of Henry Mallory in March, 1888, one of his children brought suit for partition of a tract of land, making all the other heirs defendants, but not making the administrator as such a party, and not stating that the personal estate was sufficient to pay debts, or whether there were debts. The widow answered, alleging that there was an administrator, that there were debts, and that the personal estate was insufficient to pay them; and claiming homestead. In March, 1889, Judge Wallace referred it to a referee to call in…