Stearns v. Stearns

Citations

• 30 Ohio C.C. Dec. 351

Syllabus

<p>PARTITION.</p> <p>Richards, Kinkade and Chittenden, JJ.</p> <p>Whether Property Sought To Be Partitioned Is Ancestral Arises In Partition.</p> <p>Where a testator bequeaths the residue of his property to his “living heirs” and leaves surviving him both brothers and sisters and half-brothers and half-sisters, a demurrer lies to a petition filed by a half-brother for partition of property passing under said bequest, where there is nothing in the petition to show whether the property is ancestral or non-ancestral.</p> <p>[Syllabus by the court.]</p>